On The Judicial Abuse And Norm Of The Crime Of Picking Quarrels And Provoking Trouble

The crime of provoking a quarrel and causing trouble is a kind of crime broken down from the crime of hooligan in the criminal law of 1979.The criminal law uses the way of enumerating the crime,and uses the words of "serious circumstances and bad circumstances" in the expression of the objective aspects of the crime.As a result,the crime is not clear in the provisions,which makes the crime controversial in theoretical understanding and judicial practice,and thus causes the existence of the crime Abuse of justice.The reasons for the abuse of this crime in judicial practice are as follows: first,this crime is decomposed from the crime of hooligan,and still has certain characteristics of the crime of mouth bag;second,the legislators adopt the way of enumeration for this crime,but the specific provisions are not clear enough,and the constituent elements overlap with other crimes.Although the two high school also issued a judicial interpretation of the judicial application of the crime,but can not clearly distinguish between this crime and that crime,as well as between crime and non crime;third,the judicial application of the crime is arbitrary.In the case that the standard of entering the crime is not clear enough,judicial staff sometimes have different opinions on the specific crime,and some judicial staff have poor professional level,resulting in the abuse of the crime in judicial practice.In view of this,the crime of provocation should be further regulated so that it can be used accurately in practice.First of all,it is necessary to make clear the constitutive requirements of this crime in legislation,so as to be able to strictly distinguish this crime from that crime,distinguish crime from non crime in judicial application,and promote the correctness of the application of this crime in judicial practice;secondly,the judicial interpretation of this crime should be as detailed as possible on the existing basis,which is more convenient for judicial practice.Finally,strengthen the training of judicial staff,improve their quality and professional level,so that they can correctly apply the law,solve the problems in reality,and reduce the occurrence of wrong cases.