On The Determination Of The Crime Of Assault And Provocation

The crime of picking quarrel and provoking trouble is a crime unique to our country,which first started as the crime of hooliganism in the Criminal Law of the People’s Republic of China in 1979.Although the decomposed crime of picking up trouble and provoking trouble has partially solved the shortcomings of the crime of hooliganism,in terms of legislation,the vagueness of its own expression has caused the crime to be criticized since its inception,and the academic community has evaluated it as a new"pocket".crime".At present,the problems of the crime of provocation and provocation in theory and practice have become one of the most controversial topics of scholars.In the theory of criminal law,whether the crime of provocation and provocation has the necessity and legitimacy of its existence in legislation.Among them,as the most common act of assaulting and provoking quarrels,how to determine the object of the crime and the objective aspects of the crime,"arbitrary","battering",and "bad circumstances",and whether it is required in the crime of assaulting and provoking quarrels Must have hooligans motives,which gradually becomes an urgent issue for the crime.In criminal justice practice,how to distinguish between crime and non-crime,assault-type quarrel-provoking crime and intentional injury crime,and how to use imagination to solve crime and multiple crimes in specific cases.Because of this,the author took a real case in Luanchuan County,Henan Province as an entry point to deeply analyze the above issues,hoping to contribute to the practice of criminal justice.The full text is divided into the following four parts in addition to the introduction and conclusion:The first part is an introduction to the basic situation of the case.The author takes as an example the case of assaulting a teacher after 20 years,which is one of the top ten criminal cases in 2019,to explain the differences of opinion in the handling of this case and the focus of the dispute that caused the differences,so as to draw out what this paper will discuss main content.The second part is the basic theoretical analysis involved in the focus of the dispute.The focus of the controversy is whether there is a necessity for the crime of provoking trouble.The author mainly discusses the basic theory of the existence and abolishment of the crime of provocation and provocation,showing that the crime of provocation and provocation has its legitimacy as a supplement to other crimes in the current society.The second focus of the controversy is that some of the elements of the crime constitutionfeature of the crime of assault and provocation are not clear.The author mainly expounds the basic theory of the characteristics of the crime of assault and provocation.Through the theoretical analysis of the criminal object,objective and subjective aspects of the crime of assault and provocation,I believe that the object of the crime is a complex object,which should include social order and social order.Personal safety related to it;arbitrary is both a subjective element and an objective element.The determination of arbitrariness is combined with subjectively based on the "double replacement principle",objectively referring to the time,place,behavior object,and tools used in the behavior.Confirmation;whether the circumstances are serious or not should be referred to whether it has serious social harm;hooligan motives are not a necessary element on the subjective elements of the crime.The third controversy is that it is difficult to distinguish between the crime of assault and the crime of intentional injury.The author mainly discusses the connection and definition of the crime of assault and provocation and the crime of intentional injury.The author believes that although the two are overlapped in their constituent elements,there are still subtle differences.The fourth controversy is the distinction between the crime of assault and provocation and the crime of insult.The author believes that there is a certain overlap between the two crimes in specific cases.The main manifestation is that assault is often accompanied by insult and insult.Connections and boundaries are more conducive to our accurate characterization of behavior in practice.The fifth controversy is whether the assault-type crime of quarreling and provoking trouble and the crime of insult can be applied to imaginary overlap.The author thinks that it is applicable through the analysis of the concept and constituent elements of imaginary competition.The third part is the analysis of the divergent opinions and the author’s opinion.The author believes that the perpetrator’s beating and abusive behavior has caused significant damage to society,but it only caused minor injuries to the teacher Zhang,and his behavior cannot be evaluated as a general illegal act or a crime of intentional harm.Based on the facts of the case,the author argues that Chang’s behavior has violated both the crime of assault and provocation and insult.In terms of the number of crimes,the author,through the previous explanation of the principle of imaginary coincidence,believes that beating and abusive behaviors often accompany in beating-type provocations,and that the beating and abusive behavior of the perpetrator can be regarded as an act.In addition,the crime of beating and provoking trouble or insulting alone cannot fully evaluate Chang’s behavior.Therefore,Chang should be treated as a felonyimaginary co-criminal,that is,convicted and punished with the crime of provoking trouble.The fourth part is about the predicament and solution of the crime of assault-type quarrel and provocation.Through the analysis of this case,the author believes that the dilemma mainly includes the ambiguity of the objective expression of the crime of assault and provocation and the lack of clear regulations on causing serious injury or death.At the same time,the author proposes to resolve the above dilemma through promulgation of relevant judicial interpretations,and to better regulate the crime of assault and provocation.