Dedine The Crime Of Make Trouble Of Nothing And Affray Crime

The crime of make trouble of nothing and affray crime all belong to the section of crimes of endangering the order of social system,two of the crime belong to violent type and direct intentional crime.It does not adapt to the fact that violent crime is becoming more and more changeable and complex,the law applies a simple charge both offences,and there was a lack of national legislation applicable to distinguish between the two crimes.As a result,the standards for the identification of the two crimes are not clear,and the public security law departments in the same region have different identification of the two crimes,the same case is judged differently.It seriously damages the fairness,justice and authority of the law,at the same time detrimental to the protection of the legitimate rights and interests of citizens.Based on athis,the author takes a procuratorate to initiate a public prosecution for the crime of make trouble of nothing,and the cout decides that the casevof the crime of affray is the starting point,through in-depth analysis of the case,evidence,focus of dispute,verdict and other aspects,this thesis explains how to distinguish the two crimes in judicial pratice.This thesis includes four parts,Part 1 is the introduction,introduces the two crimes are abstract and complexity of the distinction in reality,therefore,it is difficult to distinguish the two crimes.Part 2 is the brief introduction of the case and the focus of dispute,including the specific course of two disputes in this case,the court's summary of the focus of the dispute.In Part 3,combined with the case,the anthor makes a concrete analysis of the differences between the two crimes,including the fact and evidence anaylsis that the procuratorate deems the case as a provocation,the court decided that the case was an analysis of the facts and evidence of mass fighting,combined with the author's point of view to analyze the case.Part4 is the thinking and suggestions of the case,combined with the current relevant provisions and academic theories,discusses the author's thinking on the distinction between the two crimes,and puts forward suggestions on the handing of the case.