A Study On The Pocketing Of Crime Of Picking Quarrels And Provoking Troubles And Its Limiting Path

Since its establishment,the crime of picking quarrels and provoking troubles has been a hot topic in the criminal law field of our country,and its "pocketing" has been the hot topic.As a common crime type in criminal law and judicial practice,the crime of picking quarrels and provoking troubles has become increasingly prominent due to legislative defects and judicial arbitrariness,which hinders the progress of the society ruled by law.Therefore,it is of great theoretical significance and practical value to study the "pocketing" of the crime of picking quarrels and provoking troubles and its limiting path.In this paper,500 first-instance judgments of the crime of picking quarrels and provoking troubles are randomly selected from the judgment document network as the research sample,to understand the judicial status and existing problems of the crime,and put forward targeted countermeasures,in order to make the crime of picking quarrels and provoking troubles get rid of the fate of "mouth crime".In addition to the introduction and conclusion,the paper is divided into four parts,with a total of 40 thousand words.The first part reveals the current judicial situation of "pocketing" crime of picking quarrels and provoking troubles.Sample selection and statistics are explained to ensure the objectivity and representativeness of sample selection.Through the empirical study of the samples,the basic rules of judges’ judgment are found,and the four types of behavior and pattern of conviction are discussed,as well as the emphases and doubts of conviction of each type of behavior.Finally,it points out the representative and universal phenomena and problems in judicial judgment,for example,the application standard of hooligan motive is not unified,it is not necessary to endanger social order,and the standard evaluation of the four types of behavior is chaotic.The second part analyzes the cause of "pocketing" of the crime of picking quarrels and provoking troubles.Centering on the crime of "hooliganism",the predecessor of the crime of "picking quarrels and provoking troubles",and the legislative process of the crime of "picking quarrels and provoking troubles",the author reveals the inherent characteristics of the crime of "mouth crime".The vagueness of the description of the crime and the vagueness of the protection interests further indicate that the crime of picking quarrels and provoking troubles is difficult to get rid of the suspicion of "pocketing" in the existing criminal law environment.The third part expounds the due position of "pocketing" to limit the crime of picking quarrels and provoking troubles.First,we should stick to the principle of modesty of criminal law,try not to use criminal law in the process of maintaining social order,minimize the adjustment scope of criminal crimes,and truly follow the principle that criminal law is applied as a guarantee law.Secondly,the principle of definiteness of criminal law should be advocated.Through the definiteness of criminal law norms,citizens can be clear about the legal consequences of their actions and judges can have clear judgment standards.Third,we should adhere to the view of legal interests,make the legal interests of the crime of picking quarrels and provoking trouble protection specific,clear adjustment scope,clear behavior and punishment to obtain public recognition.The fourth part explores the specific path of "pocketing" to limit the crime of picking quarrels and provoking troubles.Drawing on the advanced experience of foreign countries and combining with the specific situation of Our country,we should make joint efforts from the legislative and judicial aspects.In legislation,we should return to the legislative rationality of the crime of picking quarrels and provoking troubles,standardize legal provisions and perfect legal interpretation.In judicature,correct the judicial concept of the crime of picking quarrels and provoking troubles,control discretion,correctly handle the competition and cooperation relationship with other crimes,clearly limit the boundary of picking quarrels and provoking troubles,frame the adjustment category,remove its "pocket" attribute,and really play the role of the crime in maintaining social order.