Study On The Limitations Of Expanded Application Of The Crime Of Picking Quarrels And Provoking Trouble

The crime of picking quarrels and provoking troubles is one of the refined results of crime of hooliganism in the Criminal Law of 1979,and it has played a critical role in maintaining the stability of social order for a long time.However,its inherent disadvantages such as open behavior type and vague connotation of charges have been continuously amplified by judicial interpretation,judicial explanatory documents and criminal law amendment,thus resulting in continuous disputes between crime and non-crime,this crime and that crime,which has always been the research hotspot in theory and practice fields.Furthermore,with the advent of risk society,and driven by the social governance concept of making "stability" top priority and criminal justice thinking of "heavy" punishment first,the trend of expansion and application of the crime of picking quarrels and provoking troubles has become more and more obvious,which has serious conflicts with conviction and penalty according to law principle,so as to impact the justice and authority of law and weaken the protection of human rights.Thus,how to break the dilemma is extremely urgent.In this regard,it is obviously unable to meet the requirements of new conditions if the research perspective is limited to traditional normative analysis.Instead,it is needed to expand the research perspective into the whole realistic social background,so as to explore the latest trend of expansion and application in the circle of theory and practice,and then comprehensively explore the reasonable restriction path on the basis of clarifying the causes of expansion and application,in order to contribute to the improvement of related theories and the application of judicial practice.The historical evolution of the crime of picking quarrels and provoking troubles is mainly subject to the review of dispute over the experience of its predecessor the crime of hooliganism,which then leads to the focus of dispute over the "abolishment and keeping" of the crime in the Criminal Law of 1997.Then the legislative body separated the crime of picking quarrels and provoking troubles from the crime of hooliganism and retained it,and it finally appeared in front of the world.Due to the natural carrying of "the gene of crime of hooliganism",it gradually shows a "pocketing" trend,which is particularly obvious under the support and analysis of a large amount of data,so as to lay a solid foundation for the in-depth research of the paper.For the specific current situation of the expansion and application of the crime of picking quarrels and provoking troubles,the paper discusses differently from the traditional normative theory,and it mainly reveals the latest trend and characteristics of its expansion and application based on the current social reality,including intentional injury type of the crime of picking quarrels and provoking troubles,illegal debt collection type of the crime of picking quarrels and provoking troubles,repeated petitions type of the crime of picking quarrels and provoking troubles,Internet rumors type of the crime of picking quarrels and provoking troubles and regional discrimination type of the crime of picking quarrels and provoking troubles.The paper also selects typical cases to explore the focus of dispute and problems from the theoretical and practical levels,and specifically discusses the definition methods of key words such as "public order","provocative motivation" and "random",which provides a reference for crime and non-crime,this crime and that crime in the field of judicial practice.The reasons for the expansion and application of the crime of picking quarrels and provoking troubles come from many aspects,such as "omnipotence of criminal law" from the depth psychology,"stability overriding everything" from the concept of social governance,"defect of constituent elements" and "ultra vires of judicial interpretation" from the norm,and"expansion of discretionary power" from the practice,which have a great impact on the principle of legally prescribed punishment for a specified crime and the function of human rights protection.The restrictions on the expansion and application of the crime of picking quarrels and provoking troubles are mainly based on the two dimensions of criminal legislation and administration of justice,specifically including adhering to the concept of modestly restriction,clarifying the constituent elements,prudence of judicial interpretation,limiting the conditions for incrimination,improving case guidance and limiting discretion,and its purpose is to seek a reasonable restriction path in the transition period of "gradual abolition".