On The Application Of The Crime Of Picking Quarrels And Provoking Trouble With Random Beatings

The crime of hooliganism,which was born out of the old criminal code,on the one hand,witnessed the progress of the principle of legality and legislative technology in criminal legislation.On the other hand,this crime follows the inherent deficiency caused by the gene of hooliganism,which is the pocket crime.The legislation has a great deal of inclusiveness and flexibility for the crime and constituent elements of the crime of provoking trouble,which lays the groundwork for the recent expansion of judicial application.Based on the present situation of legislation and judicature,in the face of the most controversial tendency of expanding the application of the crime of random beating and causing trouble,this paper positively responds to the dilemma of judicial identification of the crime of random beating and causing trouble,explores the root causes of the generalization and application of the crime under the existing legislative system,and then seeks a reasonable method to explain the constituent elements of this crime from the perspective of enlightenment,so as to find the applicable basis for clarifying the relationship between this crime and related crimes.Combined with the existing problems to find out the root of the generalization of this crime.Through the analysis of the current situation and causes of the main controversy in the current judicial practice,to find out the ambiguity in the current identification and the existence of defects,to provide a theoretical basis for the next reasonable identification.The second part mainly explains the specific identification of legal interests,and defining the content of legal interests is an important part to clarify the legislative purpose of this crime.By examining the problems existing in the application process of single abstract legal benefit,and then analyzing the deficiency and reference of different legal benefit theory,we can find the correct path of legal benefit application.By analyzing and clarifying the legal benefits which are too abstract may be beneficial to the convenience of crime in practice,but there are many uncontrollable consequences behind it,which makes the definition of the legal benefits of the crime of provoking trouble unclear,and the specific legal benefits of infringement which can’t be clearly defined in the determination of many crimes,which makes the definition of crime more vague.Therefore,the promotion of law is more able to clarify the crime of random beating to find the crime.The interpretation of legal interests is that any criminal act needs to be specific and clear,each criminal content in the criminal law sub-rule has its own legal interests to protect,the crime of random beating-type provoking trouble is no exception,only to clarify the content of legal interests can provide theoretical basis for the division of this crime and related crimes,but also more clearly set the purpose of this crime.The author sums up the theoretical divergence and controversial focus of hooligans who have been criticized,and then tries to find a reasonable interpretation rule.Consideration of the specific content of the arbitrary,in order to better judge the case to find the applicable basis.Combing the relevant contents stipulated in the plot,making clear the determination standard of the plot degree,explaining the attribute and judgment standard of the plot through specific cases and theories,providing the determination limit for the determination of the crime of random beating type provoking trouble.The law of the circumstances is a common way of legislation in the sub-rule of criminal law,but as an incriminating circumstance,it is very difficult to have a reasonable determination of the consequences and degree.Although the two high judicial interpretation,but the content of judicial interpretation is still a general standard,and there is a suspicion of overpowering legislative interpretation,increased the discretion of judges in the process of determining the circumstances.For this reason,for this crime In line with the principle of multi-party comprehensive determination,considering the influence of different factors to solve the dilemma in the administration of justice.This paper tries to start from the new thinking path,summarize the experience and ideas of foreign legislation,based on the existing views of the theoretical community,and then demonstrate the rationality of the crime of provoking trouble from the perspective of existing legislation,reveal the existing problems the existing problems,so as to better respond to the needs of theory and practice..