Discussion About The Four Behavioral Types Of Provocation Crime

Chapter 6,article 293,‘The Crime of Provocation' belongs the <Criminal law of People's Republic of China>,which was established in 1997.This crime charge was derives from ‘the crime of hooliganism',article 160 of the criminal law of our country in 1979.Along with the promulgation and implementation of several normative legal documents,such as <the 8th amendment of criminal law> in 2011,the <Judicial interpretation of the Supreme People's court and the Supreme People's Procuratorate of People's Republic of China about the application of the crime of provocation> in 2013,the <Judicial interpretation of the Supreme People's court and the Supreme People's Procuratorate of People's Republic of China on several issues concerning the specific application of law in handling of defamation through information networks and other criminal> in 2013 and other related legal documents released by Shanghai municipal government,the independent position of provocation crime has been established and consolidated in Chinese criminal law system.After years of evolution and improvement,the behavior system of this crime charge is gradually standardized.Meanwhile,there have been more workable reference standards during the judicial practice of dealing with the crime.However,there still have some problems unsolved in the judicial practice,such as the content of the crime isn't clear enough,the standard of the crime is vague and so on.So it still needs to be improved in further days.In the first chapter of this topic,I will introduce the historical origin of the crime of provocation.And then,starts with discussing the establishment and evolution of this crime charge,I will try to commentate the historical track of the development,analyzes the change and improvement of the specific content of the crime.From the second chapter to the fifth chapter is the main focus of this topic.The author tries to analyze some basic elements and forms of four different types of provocation crime from different angles,which I'm more familiar with.Combining with the criminal law,several judicial interpretations and various relevant provisions of the Shanghai municipal government,I will analyze some specific elements of standards about the crime.Such as,‘causal',‘the importunity by force',‘violence' and ‘aggravated' will be included.By this way,I will raise some ideas and opinions of my own,to commentate four different forms of the crime of provocation.Through those above contents and methods,I will try to understand the identification and treatment methods of provocation crime.If the judicial staff can understand it well,they can apply the study to the judicial practice work process for this kind of case in practice eventually.I believe it will do great good to us.