Pocketing The Crime Of Picking Quarrels And Provoking Troubles And Its Countermeasures

In recent years,the crime of picking quarrels and provoking troubles is one of the most discussed but controversial crimes in the field of criminal law in China.With the aggravation of the complexity of judicial practice,it is difficult to define various types of illegal and criminal ACTS,and the pocketing of the crime of picking quarrels and provoking troubles is becoming increasingly prominent and urgent to be solved.It is very important for judicial progress to discuss and study the "pocketing" of the crime of picking quarrels and provoking troubles,analyze the specific causes of the "pocketing" of the crime of picking quarrels and provoking troubles and put forward the corresponding countermeasures.This paper firstly expounds the status of the crime of picking quarrels and provoking troubles in the criminal law system from the following aspects:the theory of no status,the theory of equal status,the theory of supplementary independent status and the theory of supplementary auxiliary status.Then for stir-up-trouble crime "pocket" phenomenon has carried on the empirical analysis,an empirical analysis for stir-up-trouble crime "pocket" research method and the inspection sample,based on 500 judicial documents for nearly five years stir-up-trouble crime "pockets" phenomenon research analysis,inductive stir-up-trouble crime "pocket" for: ignore stir-up-trouble crime of complementary,and not to harm the social order as the necessary condition,not creating motivation as boundaries,random beatings terms for flood for a crime and the crime.The paper also discusses the causes of the "pocketing" of the crime of picking quarrels and provoking troubles.Points out that the legislationmainly because there should not be "appropriate coarse fine" legislative concept and legislative expressions in the two big problems,and the judicial unclear judicial practice by the influence of order,judicial explanation in violation of the law retaining principle,judicial problem such as against the principle of a legally prescribed punishment for a specified cause stir-up-trouble crime "pocket" trend.In view of the "pocketing" of legislation,we should adhere to the concept of modesty of criminal law and achieve the clarity of legal terms.In view of the "pocking" of justice,it should be solved from three aspects,that is,judicial practice must abandon order-centralism,judicial interpretation must adhere to the principle of legal reservation,and judicial trial must abide by the principle of legality.To solve the problem of "pocketing" the crime of picking quarrels and provoking troubles,and to protect human rights.This study is intended to provide a feasible way for legislative amendment and judicial practice.