Research On The Crime Of Making Trouble And Picking Quarrels And Provoking Trouble

In recent years,the hot cases of the crime of provocation have attracted the attention of the society,and have the trend of expansion in judicial practice.The crime of provocation is stipulated in article 293 of the criminal law of our country.Scholars call the crime of provocation which is constituted by the act of provocation stipulated in article 293,paragraph 1,item 4 of the criminal law as the crime of provocation and provocation.Because of the abstract expression of its legal provisions,the constitutive elements can accommodate a variety of ways of conduct,which makes the crime of provocation and provocation easy to be abused in judicial practice.There are many disputes in the judgment of the case.Through the analysis of hot cases,the controversial issues are mainly focused on: first,how to identify the noisy behavior? Combined with the meaning of making trouble and the law of protecting the crime of making trouble,it can be concluded that making trouble is nothing,creating trouble and destroying social order.Second,does the abnormal petition behavior constitute the crime of making trouble? After the legal analysis,there is no equivalence between the abnormal petition behavior and the noisy behavior.Therefore,the abnormal petition behavior can not constitute the crime of provoking trouble.Third,is cyberspace a public place? Public space belongs to tangible physical space,which is different from network space,which belongs to intangible virtual space.Therefore,network space does not belong to public space,and it can not be recognized that the behavior of making trouble in network space constitutes the crime of making trouble.Fourthly,does the crime of provoking disturbances require hooligan motive? The criminal law does not explicitly stipulate that rogue motive is the subjective element of the crime of provocation,so rogue motive is not the subjective element of the crime of provocation.According to the principle of modesty in criminal law and the requirement of protecting human rights,on the basis of legal analysis of the above problems,it is proved that the crime of provocation has legal interests to be protected and has value.At the same time,we should clarify the main points of the determination of the crime,and avoid the arbitrary interpretation of the terms of the crime.To standardize the value evaluation in judicial practice,so as to limit the expansion and pocket of the crime of causing trouble.In order to achieve the purpose of accurate application of the crime of making trouble.