On The Judical Limitation Of The Crime Of Picking Quarrels And Provoking Troubles

Stir-up-trouble crime was founded in 1997 the new criminal law,but in fact it is from the old hooliganism in the criminal law,and congenital deficiency with its parent of sin "whole" attribute,and in the legislation and the actions of the troublemakers have issued after the two relevant judicial explanation,also can't change about the law itself has the features such as openness and fuzziness;At the same time,in the judicial practice,the case handling personnel are limited to some of their own rules,and the resulting judicial mistakes make the scope of the "oral crime" constantly expanded when the crime is applied,which becomes the accusation of punishing the behavior of disturbing public order.With the ever-expanding application of the crime of picking quarrels and provoking troubles,the adverse impact of the crime has become increasingly prominent.This judicial strange not only violates the principle of modesty of the criminal law and makes the innocent people be punished severely,but also damages the human rights guarantee of some of the perpetrators,thus causing frequent questions on the authority of the judiciary.At the legislative level,temporarily cannot remove this crime under the premise of judicial personnel when it is not only the need to uphold the principle of a legally prescribed punishment,also needs to exercise judicial wisdom,seeking out of crime,narrowed the applicable path:first of all,in dealing with the relations between stir-up-trouble cr:ime and relevant crime,both angles looking for divergence between this crime and those crimes,such as not simple to whether the actor has rogue motivation elements such as premature distinguish stir-up-trouble crime and relevant crime,and to realize the crime and he sin sometimes there are possibilities of co-opetition relations;Second,correct use of projects on the deal with troublemakers to criminal cases used to explain some issues of the rules of throttling to provoke a sin,notice whether grasps the contradiction is caused by the victim intentionally or the victim have the main responsibility for the situation,and consider whether the actor meet established in the judicial interpretation and criminal law punishment,not to prosecute or from criminal penalties applicable conditions;Finally,the process of applying the law is also the process of interpreting the law,which should reasonably limit the interpretation of the offence of causing trouble,strictly limit the threshold and application area of the crime,and better avoid the crime from being improperly expanded.