Study On The Boundary Between The Crime Of Picking Quarrels And Provoking Troubles And The Crime Of Gathering People To Fight

The crime of picking quarrels and provoking troubles and the crime of gathering affray are both violent direct intentional crimes and common crimes in criminal law practice.However,the criminal law of our country only describes the two crimes in the article 292 and article293.According to the provisions,the constitutive elements of the two crimes are similar in subjective psychology and objective behavior,so it is difficult to distinguish and distinguish accurately.Therefore,it is easy to produce different degrees of confusion in legal practice,which leads to the phenomenon of different sentences in similar cases and different punishments.This phenomenon does not accord with the principle of adapting crime to punishment and the protection of human rights.In view of the above findings,the full text takes the case of Li and others picking quarrels and provoking troubles as the starting point,and makes an in-depth analysis of the basic facts of the case,the applicable laws,different opinions on the judgment and their reasons,and puts forward the perfect opinions on the distinction between the two crimes on this basis.In addition to the introduction,the main content includes the following three sections.The first part is the basic case and the focus of dispute.In this part,the basic facts and main facts of Li et al.’s case of picking quarrels and provoking troubles are expounded in combination with all the information of the case.Meanwhile,the core dispute focus of the case is pointed out,that is,whether the crime of picking quarrels and provoking troubles or the crime of affray should be applied in this case.The second part is the case analysis.This part will start with the constitutive elements of the crime of picking quarrels and provoking troubles and the crime of gathering people to fight,and combine the theory of criminal law and judicial practice to sort out the viewpoints and reasons that the actor constitutes the crime of picking quarrels and provoking troubles or the crime of gathering people to fight respectively.On the basis of analyzing and comparing the crime of picking quarrels and provoking troubles and the crime of gathering people to fight,the author brings forward the conclusion of the case,that is,the crime of picking quarrels and provoking troubles should be applied.The third part is thinking and suggestions.On the basis of the above two parts,this part will reconsider the constitution of the crime of picking quarrels and provoking troubles,summarize the confusion and its causes in the judicial determination of the two crimes,and put forward corresponding suggestions for improvement.It is expected to provide firefly power for solving the dilemma of the constitution of two crimes in judicial practice.