On The Judicial Determination Of The Crime Of Provocation

Since the criminal law stipulated the crime of provocation in 1997,the accusation has been controversial.As the evolved accusation of "hooligan crime",the attribute of "mouth bag crime" has also been controversial.Although the criminal law of 1997 has made great progress on the crime of provocation compared with the criminal law of 1979,and the introduction of relevant judicial interpretation has also guided the determination of the crime of provocation in judicial practice,because the crime itself has certain congenital defects in the legislative level,a large number of words that can not accurately define the crime are used,such as subjective ones The use of "random","arbitrary",the use of "bad" and "serious" in the objective circumstances has brought too many uncertain factors to judicial practice,and caused certain difficulties to judicial practice.Guided by the basic principles of criminal law,based on the provisions of criminal law and judicial interpretation,this paper explores the problems and difficulties in judicial practice by analyzing cases,and puts forward some suggestions in order to help judicial practice.In addition to the preface,the main content of this paper includes the following aspects:First of all,it is an open discussion on the crime of provocation,mainly on the evolution of the crime of provocation and the legislative status of the crime in China,and explore the development of the crime of provocation and other similar crimes in our history and other countries in the world.In addition,it is the crime of causing trouble from the perspective of "mouth bag crime".Considering that the crime of causing trouble from the evolution of rogue crime has a certain attribute of "mouth bag crime",I hope to explore the reasons for the "mouth bag crime" of the crime of causing trouble by explaining some characteristics of mouth bag crime,and analyze the advantages and disadvantages of "mouth bag crime".Secondly,it expounds the difficulties in judicial determination of the crime of provocation,mainly through the analysis of the current situation of the application of the crime of provocation in judicial practice and the difficulties in judicial determination,analyzes the identification of the crime of provocation and non crime,the identification of the crime of provocation and other crimes,and analyzes the causes of judicial determination.Finally,the author puts forward some suggestions to improve the judicial determination of the crime of provocation,mainly through the analysis of the legislative level,and puts forward reasonable legislative opinions,in order to provide some suggestions to solve the difficulties in the judicial determination.