Creating Disturbances Type Stir-up-trouble Crime Judicial Cognizance Of Difficult Problems

The crime of picking quarrels and provoking troubles in Criminal Law has listed four types of behavior.And the fourth one is the crime of instigating quarrels which is abstract,difficult to understand and a kind of the overall,so that it has been disputed not only on truth but also on the practice.Explanation on Several Questions of Law Application in Utilizing Network of Information to Conduct Criminal Cases such as Defamation handled by Supreme People's Procuratorate and Supreme People's Court(hereinafter referred to the Judicial Interpretation on Internet)was carried out in 2013,which has attracted attention again of the instigating quarrels and expanded the scope of application of traditional case.On the basis of this,instigating quarrels whose legislative expression is not clear need to make a further summarization and refinement on the theoratical inquiry.Hence,this dissertation starts with the theory of the criminal constitution on the crime of instigating quarrels,combining with Judicial Interpretation on Internet to analyze the difficult questions and to discuss the judicial practice cases.This dissertation mainly covers four parts.First,sorting judicial cases of instigating quarrels and finding existing difficulties will be conducted.Second,starting with “public places” identified by practice and combining with theories and typical cases,some questions in practice will be analyzed.Third,from instigating quarrels which has been recognized by practice together with theories,this thesis will analyze some typical cases.Fourth,on account of research on the “serious disturbances” of judicial practice and the comparison between old and new cases,the author puts forward practical disputes and own opinions accompanied by related theories.