Judicial Determination Of The Crime Of Provoking Trouble

The crime of picking quarrels and provoking trouble is a special charge in China's criminal law.The crime of making trouble originates from the hooligan crime in the criminal law in 1979.The crime of making trouble is decomposed from one of the various forms of hooligan crime.The fourth form of expression,the number of criminal cases of making trouble,has increased year by year in recent years.Due to the vague and abstract expression of the key elements in the description of the law of the crime of provocation,the situation faced by many cases is difficult to define in the theoretical circle and judicial practice,so it is very difficult to apply.Based on the modesty of criminal law and the principle of legality of crime and punishment,after consulting a large number of theoretical books and documents,this paper explores the common and difficult problems faced by these cases in the process of trial and judgment,so as to study the judicial identification of different constituent elements of the crime of stirring up trouble,In the process of exploration,combine the judicial cases in theory and practice,so as to clarify the identification standards of various elements,and on this basis,analyze in detail the typical case types of this crime,such as "network rumor" and "illegal petition" provocation.The introduction part of this paper combs and analyzes the relevant cases on the Internet of judicial documents,expounds the topic selection background and research significance of the crime of making trouble,and briefly analyzes the research status at home and abroad.The second part mainly introduces the current situation of the crime of provocation,and focuses on the reasons and characteristics of the trend of this kind of cases.The third part focuses on the judicial identification of the three objective elements of the crime of provocation,namely "public places","making trouble" and "causing serious disorder in public places",and analyzes these three objective elements through theoretical definition and practical cases.Firstly,as far as "public place" is concerned,whether it is a public place in the real world or a public platform in cyberspace,it should conform to the characteristics of openness in space,sociality in use and non specificity and majority of people in contact;Secondly,if the behavior conforms to the characteristics of blatantness,incitement and spread,it can be recognized as "making trouble";For the standard of "serious confusion",it is necessary to make a comprehensive judgment through multiple factors such as the object,means,duration,location and consequences of the behavior.There should also be specific quantitative standards in the network and lead to realistic harm results.The fourth part clarifies the identification of the subjective elements of this crime,and makes it clear that the identification of the crime of provocation should also consider the subjective "rogue motivation",and accurately identify this type of crime according to the legal principles of subjective and objective consistency.