Judicial Determination Of The Creating-disturbance Type Of The Crime Of Picking Quarrels And Provoking Trouble

Based on the types of behavior and according to the Article 293 of the current practice of Criminal Law,creating-disturbance type of the crime theoretically can be categorized into four types,namely,random beating,chasing abusive,strong grasp,picking quarrels and provoking trouble.Compared with the rest three categories,the description of the creating-disturbance type of the crime of picking quarrels and provoking trouble is more general,the abstractness of the description terms and the strong comment are liable to different judicial decision according to different understandings.Based on the above reasons,this paper analyzes the combined cases sympathizing several main and objective elements of the crime of picking quarrels and provoking trouble,and studies the aggravating problem of the circumstances of this crime,with a view to determining the boundaries of the crime and clarifying the criteria for judicial identification.This article consists of six chapters with the main contents as follows:Chapter one is an overview,an introduction of the general situation of the concept of creating-disturbance type of the crime of picking quarrels and provoking trouble,its orientation,classification and protection in the criminal law system.Chapters two to chapter four analyze the elements of the objective constituent elements of the crime of provoking trouble and causing trouble in the context of the Criminal Law.Chapter two mainly analyzes the behavior,concept and characteristics of creating-disturbance type of the crime of picking quarrels and provoking trouble.On this basis,two kinds of special behaviors are analyzed: the abnormal petition behavior and the network space release of false information behavior.Chapter three analyzes "public places" and "public places order".It is pointed out that "public places" must be analyzed in the light of spatial elements,human elements and functional elements.The same place may be evaluated differently for the differences of three elements.Combined with the case,the office space of state organs,the frontline departments,the roof of the buildings as a public place are discussed.People in the "public places" where the order is safe,stable,free and undisturbed means "public place order." Meanwhile,by analyzing whether the special field of "cyberspace" belongs to "public places",this chapter concludes that public cyberspace belongs to "public places",but the crime of picking quarrels and provoking trouble protects the reality of order rather than the virtual order.Chapter four analyzes the criteria of "causing serious disorder in public places".Firstly,the specific manifestations of "serious confusion" are listed.Secondly,it is proposed that the standard of identification should be combined with all the objective circumstances,such as the seriousness of the circumstances,the consequences,the object of the act,means,time,place,identity of the perpetrator,etc.When the act occurred,several aspects of comprehensive judgment should be focused on the consequences of the act,time,duration,means.Thirdly,the severity of disorder is to distinguish between the general line between creating-disturbance type of the crime of picking quarrels and provoking trouble and crime.Fourthly,for the crime of picking quarrels and provoking trouble in cyberspace,the result of causing serious confusion must occur in the real public places.Chapter five analyzes whether "rogue motive" belongs to the subjective elements of the crime.By combing whether "rogue motive" is the subjective element of the crime,this paper holds that "rogue motive" is not the subjective element of this crime,but the judicial organ could consider it when sentencing.Chapter six studies the aggravating problem of the crime.The accurate determination of the plot depends on the accurate grasp of the key words of the provision.