The Crime Of Picking Quarrels And Provoking Troubles Expands The Applicable Regulations

The crime of picking quarrels and provoking trouble originates from one of the objective manifestations of "hooliganism" in the criminal law of 1979.In "criminal law" revised in 1997,due to the original "hooliganism" in the long-term judicial practice,provision general expression is not clear,for law enforcement to subjectivity,and exist such as "and other vicious behavior" this out terms,lead to "hooliganism" was known as the whole,cannot reflect the principle of "legality" of the criminal law,so in the process of "criminal law" revised in 1997,the legislators created stir-up-trouble crime chargesThe crime of picking quarantines and provoking troubles,due to unclear provisions of the crime and various types of imputation,leads to unclear boundaries between the crime and non-crime,and between the crime and other charges,and shows signs of expanding its application in judicial practice,which has aroused great attention from the academic circle.This article through to the expansion for the typical case analysis of this crime,teasing out the expansion applicable high areas,and aim at the status quo,the harm of this crime,stating the expansion apply universally expansion for the cause of this crime,and further to regulate stir-up-trouble crime phenomenon of expanding the applicable,and provide constructive Suggestions for judicial organs specification for this crime,combining with related cases to explore this crime in the judicial application to expand the applicable situation and the reason,and then puts forward the pertinence Suggestions of rules and regulations,in order to achieve the purpose of radical.This paper is divided into four parts,about 20,000 words,the main content is as follows:The first part,the crime of causing trouble overview.In this part,the definition,legislative evolution and existence value of the crime of picking quarrels and provoking troubles are simply sorted out and introduced to provide a theoretical basis for the discussion of this crime in the following part.The second part,the status quo of the expansion of the crime of picking quarrels and provoking troubles.In this part,typical cases are selected from three types of cases,namely petitioning cases,online rumor spreading cases and intentional injury cases,for research.It is found that there is an expansion and application of this crime in judicial practice.Through case analysis,the focus of disputes and existing problems in the application of the case are explored.The third part,the cause and influence of the crime of picking quarrels and provoking trouble.This part mainly analyzes the causes and negative effects of the expansion and application of this crime.At the same time,the negative effects of the expanding application of this crime are mainly elaborated from three aspects: deviating from the principle of modesty of criminal law and the principle of legality of crime and punishment,and impinging on the protection of human rights.The fourth part is the reasonable regulation of the expansion of the applicable scope of the crime of picking quarrels and provoking troubles.This part is divided into the last chapter of this paper.On the basis of revealing the reasons for the expansion and application of this crime in judicial practice,this part proposes regulatory opinions from three aspects of legislation,judicature and judicial practice,which to some extent inhibits the expansion and application of this crime.