An Analysis Of The Case Of Zhang And Others' Crime Of Provocation

The crime of provocation comes from the crime of hooligan stipulated in Article 160 of criminal law in 1979,which is a common crime in judicial practice.The criminal law of the people's Republic of China(hereinafter referred to as the criminal law)specifies four types of legal acts of the crime of provocation and affray,and the crime of "beating others at will,with bad circumstances" is the most typical behavior of the crime in practice,which is the most likely to occur in the grass-roots courts,with the highest frequency.Due to the fuzziness of the description of the constitutive elements of this crime,the boundary between the crime of affray and the crime of intentional injury is unclear.There is a certain overlap between this crime and the crime of intentional injury in the objective aspect;the objective violated by the two crimes can be transformed into each other when reaching a certain objective situation;the distinction between the two crimes in the subjective aspect needs to be clear whether "hooligan motive" should be the key to distinguish the two crimes.All of these make it difficult to identify the crime in judicial practice.Similar cases may also have different sentences in the same case.Therefore,the research on the difference between this crime and intentional injury crime has important theoretical research significance and practical application value.As far as the nature of the crime of affray at will is concerned,it usually involves many people's joint crime in the process of crime,so it is necessary to accurately determine the nature of each actor's behavior,grasp the principle of subjective and objective responsibility,for the actor who has committed the behavior beyond the limit beyond the common intention,he should bear the consequences of the behavior beyond the limit alone;for the actor who only based on the original intention of affray,it is true The perpetrator of the act of beating,whose nature has not changed,shall still be convicted and punished according to the crime of provocation.In this paper,through the form of case analysis,through the analysis and comment of the focus on the dispute,the author combs the above-mentioned related problems,and finally gives his own views on the practical difficulties and improvement suggestions of the crime of affray,in order to provide help for the judicial workers in the process of identifying related crimes.