Judicial Determination Of The Crime Of Picking Quarrels And Provoking Troubles By Beating At Random

The crime of picking quarrels and provoking troubles is stipulated in article 293 of the criminal law,because the indefiniteness of the crime of picking quarrels and provoking troubles in the criminal law has the tendency of generalization in the application of judicial practice,leading to the crime of picking quarrels and provoking troubles has been labeled as "crime of mouth bag".The use of the subjective evaluation terms of "random beating" and "bad circumstances" for the crime of picking quarrels and provoking troubles caused a dispute in the criminal law field on the identification of the crime of picking quarrels and provoking troubles.Supreme People's Court,the Supreme People's Procuratorate issued in 2013 on the deal with troublemakers criminal cases to explain some issues of applicable law,to a great extent,alleviate the abuse of stir-up-trouble crime in judicial practice,but for the "random" beating "vicious" understanding of the applicable also need further analysis and research application in the judicial practice Angle,such as random beatings examine factors and cognizance principle,if the circumstances are bad factors and classifying methods need to be further studied,because of the above studies,to a large extent affected the law of this crime.Research type random beatings stir-up-trouble crime judicial cognizance from the typical case analysis from the cognizance of this crime in the judicial practice issues,of which the meaning of "random" beating,the judicial cognizance of the factors and principles to determine the understanding of "vicious" applicable to combine this crime judicial interpretation further analysis and research,determine the factor and the judicial cognizance of the method,and combining with this crime into the standard and similar crimes analysis of arbitrary beatings stir-up-trouble crime of judicial cognizance.The Judicial cognizance of Random assault crime of picking quarrels and causing trouble shall be based on random beatings stir-up-trouble crime crime constitution,according to "criminal law" article two hundred and ninety-three,paragraph 1 of arbitrary type stir-up-trouble crime beating regulations and relevant judicial interpretations,a clear "random" beating is needed in the judicial cognizance of the subjective factors and objective factors,insist on the principle of subjective and objective consistent on that,with "double substitution principle" and "rogue motivation that actor" subjective state of mind,as battery behavior and the way of beating the objective aspects of comprehensive analysis and accurate "random" beating.Clearly the nature and function of "if" is the key to determine the standard type random beatings stir-up-trouble crime in sin,in the process of judicial cognizance,shall,according to random type stir-up-trouble crime beating the different circumstances of the crime of using fact judgement and value judgement to the judicial cognizance of "if",in order to differentiate type random beatings stir-up-trouble behavior crime and not crime,this crime and crime,and finally use paper analyzes typical cases,and analyze the crime constitution stir-up-trouble crime and similar charges,solve random beatings type stir-up-trouble crime confession of controversy in the judicial practice.