An Empirical Study On The Judicial Determination Of The Crime Of Picking Quarrels And Provoking Troubles

The crime of picking quarrels and provoking troubles is a special crime in China’s criminal law,which originates from hooliganism and is independent of the criminal law in 1997.Since the independence,there has been a lot of controversy and difficulty in theory and practice,which is one of the most controversial charges.Although the legislation is constantly improving and the theoretical research and analysis of this crime has been going on,there are still many problems that have not been agreed.Especially in the judicial cognizance,the difficult problem of distinguishing this crime from other crimes is always the biggest problem that this crime faces.This paper intends to summarize the cases in the adjudicative documents of the Inner Mongolia Autonomous region from 2016 to 2018 and the Peking University Center for Legal Information by sorting out and summarizing the cases.On the basis of the data analysis,the author combs out the difficulties in the judicial determination of the crime,which include:object dispute,“random” identification dispute,the controversy of "multiple times" behavior mode,synthetical dispute,the distinctionbetween the crime of wilful injury and the crime of brawl.After analyzing the controversial points,the author tries to put forward some suggestions for the judicial determination standards established in the future.First of all,we should affirm the special significance of the crime at the present stage.Secondly,we should attach importance to the object of this crime,that is,the place where the social order lies in the conviction.Thirdly,we should pay more attention to the role of motive of crime.Finally,we should further clarify the meaning of "multiple times" and the construction problem of synthetical situation.