Research On The Crime Of Quarreling And Provoking Quarrels By Zhang Et Al

In the eighth amendment to the criminal law,the objective act of provocation increases the act of intimidation,which is manifested in various forms.There are many controversies on whether the act of self ignition is regarded as the crime of arson endangering public security or the crime of intimidating provocation.In reality,there is a dilemma between the crime of arson and the crime of provocation.Although the two crimes are quite different in most cases,there are still difficult problems to distinguish,such as whether the perpetrator has criminal intent;how to define the public security in the crime of arson;how to identify the acts of intimidation,etc.This paper focuses on Zhang's case of provocation and affray,and discusses it in four parts.The first part is the introduction of the case and the focus of the dispute,introduces the details of the case and points out the existing points of dispute,and displays the views;the second part is the boundary analysis of the related issues of the crime of intimidating provocation,and analyzes the identification standards,criminal purposes,intimidating behaviors and public order related issues in the crime of intimidating provocation;the third part is the related issues of the crime of arson The fourth part is about the difficulties in the determination of the crime of intimidating provocation and causing trouble and the crime of arson,which is divided into two aspects: psychological will,dangerous crime and actual crime.