Analysis Of Criminal Law From "Abnormal Appeal" To The Crime Of Aggression And Disturbance

Zhang Mou,a peasant in a town of Biyang County,Henan Province,began to appeal for protection of his rights on the ground of reflecting the disputes over homestead.Zhang Mou went to Tiananmen District of Beijing and the surrounding area of Zhongnanhai three times to make abnormal petitions,two times to the town government to make a big noise,three times to be admonished by the Beijing police,and twice to be detained by the local public security organs.Zhang Mou was convicted of provoking trouble because his abnormal petition behavior disturbed public order.This judgment has aroused controversy from all walks of life.The focus of the controversy is whether Zhang Mou's abnormal petition belongs to safeguarding rights according to law or disturbing public order,and whether he should be prosecuted for the crime of provoking trouble.The purpose of this paper is to make a qualitative analysis of this kind of abnormal petition behavior by studying the case of "Zhang Mou's petition for the protection of rights",and correctly determine whether this kind of behavior belongs to the act of safeguarding rights according to law or to the act of provoking trouble because of disturbing public order,so as to provide reference for future judicial practice,ensure the exercise of citizens' constitutional rights correctly and safeguard judicial dignity.This paper is divided into six parts.The first part is the preface.The author briefly expounds the background,significance,purpose and research methods of the study.The second part is about the basic situation of the case.It mainly introduces the case,lists different opinions,and summarizes the focus of controversy,that is,whether Zhang Mou's behavior belongs to safeguarding rights according to law or constitutes the crime of provoking trouble because of disturbing public order.The third part is about the connotation and empirical analysis of abnormal petitions.This part defines the meaning of abnormal petition and elaborates the characteristics of abnormal petition.Taking 14 cases of 10 district and county courts in Y city of S province and 532 judgments inquired by judgment documents online as examples,this part makes an empirical analysis of the situation of the crime of abnormal petition in judicial practice,so as to understand the judicial status of the crime of abnormal petition in depth and concretely.The fourth part is the jurisprudential analysis of relevant issues.On the basis of the analysis of citizen's abnormal petition behavior in practice,aiming at the controversial focus of this case,this paper mainly discusses three aspects of legal content: first,the boundary of safeguarding rights.This part discusses the meaning of safeguarding rights,the limits of safeguarding rights and excessive safeguarding rights.Secondly,whether there should be hooliganism motive in the crime of provoking trouble.This part discusses the elements and motives of subjective surpassing,and analyses from seven aspects that the motives of hooligans do not belong to the elements of responsibility of the crime of provoking trouble,but belong to the elements of subjective surpassing.Thirdly,the serious disorder of public order in the crime of provoking trouble.This part cognizes public places,discusses the object of the crime of provoking trouble,social public order,and analyses that public order should include the management order of public places besides the on-site order of public places.The fifth part,this case constitutes the criminal law analysis of the crime of provoking trouble.This part analyses from three aspects and draws the conclusion that Zhang Mou's behavior constitutes the crime of provoking trouble.Firstly,Zhang Mou's behavior violates the relevant laws and regulations,disturbs the public order and the management order of government work,which belongs to the excessive safeguarding of rights and has social harmfulness.Secondly,combined with the legal analysis of the fourth part of this article,"serious disorder of public order",this paper discusses Zhang Mou's causing riots in public places and causing serious disorder in public places.Thirdly,it analyses that Zhang Mou's behavior has caused serious disorder in public places,illegality and responsibility,and proves that Zhang Mou's behavior constitutes the crime of provoking trouble.The sixth part is the Enlightenment of this case.Through the analysis of this case,we can get two enlightenments.First,in dealing with similar cases in judicial practice,we need to consider the modest principle of criminal law and the function of human rights protection.Secondly,the abnormal petition behavior should be classified according to whether it has the right basis and whether the means exceed the social equivalence.