An Empirical Study On The Crime Of Beating-type Pick-up And Provoking Trouble

The crime of provocation is separated from the crime of hooligan stipulated in the criminal law of 1979.The occurrence of the case of provocation will cause the public to discuss the crime of provocation widely,and push the crime of provocation to the forefront of the storm.The most frequent type of provocation in social life is"beating others at will",so the assault type of provocation crime has become a crime of public concern,and it is necessary to study.Therefore,through the method of empirical research,this paper collected 245 sample cases of assault type provocation crime,and found 9 cases of assault type provocation crime prosecution but conviction of intentional injury or intentional homicide,first trial as provocation crime but second trial as intentional injury or intentional homicide,which can reflect the intention in judicial practice from the side.The boundary between the crime of injury and the crime of affray is not clear.Sorting out and analyzing the key points of each sample case,sorting out the status quo of judicial determination of "random",beating behavior,"bad circumstances" and the application of penalty of the crime in the form of charts,which is very vivid and intuitive.Starting from the elements of cognizance and the result of judgment,this paper attempts to explore the uniform cognizance standard and corresponding punishment of each element of the crime of affray.Taking "random" as an example,this paper interprets its motivation,purpose,essential meaning and the status of elements,and then clarifies the identification criteria.