Research On The Judicial Application Of The Crime Of Picking Quarrels And Provoking Troubles

The crime of picking a quarrel and causing trouble is a crime separated from the crime of hooliganism stipulated in article 160 of the criminal law in 1979.In 1997,the criminal law broke down the crime of hooliganism into four categories: one was the crime of forced indecent assault on women;2.The crime of gathering people to commit adultery;Third,the crime of affray;Fourth,the crime of picking quarrels and provoking troubles.In 2011,the eighth amendment to the criminal law amended the crime of picking quarrels and causing trouble.Whoever,according to the definition of article 293 of the criminal law of the People's Republic of China,disrupts public order shall be sentenced to fixed-term imprisonment of not more than five years,criminal detention or public surveillance.Because the crime of picking quarrels and provoking troubles arises in the special historical background,and the legislator USES many modifiers of degree in describing the crime,it is criticized more and more in judicial practice,and gradually becomes "the crime of mouth bag".This not only violates the principle of legality of criminal law,but also goes against the role of criminal law in fighting crimes and protecting human rights.Due to its inherent legislative defects,the crime of picking quarrels and provoking troubles has caused great troubles to judicial workers in the current judicial practice.In order to better play the role of the crime of picking quarrels and provoking troubles,give clear guidance to judicial practice and avoid the occurrence of unjust,false and wrong cases,this paper will discuss the problems and corresponding solutions of the crime of picking quarrels and provoking troubles in judicial practice through the following parts.The first part is an overview of the crime of picking quarrels and causing trouble.The main contents are the connotation,historical evolution,criminal constitution and criminal status of the crime of picking quarrels and provoking troubles.The second part explores the problems and causes of the crime of picking quarrels and provoking troubles in judicial practice.The problems are mainly divided into: first,the lack of consistency in the understanding of key words;The second is the lack of unity in the determination of related charges;Third,the identification of serious injury and death caused by a large difference;Fourth,too much emphasis on criminal motive.The causes are mainly divided into: first,the congenital legislation has defects;Second,the judicial interpretation of the ultra vires;Third,the judge's discretion is too wide.The third part,the division of the crime of picking quarrels and provoking troubles...