Study On The Improper Expansion And Limiting Path Of The Crime Of Picking Quarrels And Provoking Troubles

The crime of provocation and trouble shooting originated from the crime of hooliganism stipulated in the Criminal Law of 1979.After the abolition of the crime of hooliganism in the Criminal Law of 1997,the crime of provocation and trouble shooting was decomposed as one of the ways of behavior,and has long played a key role in maintaining social stability.In recent years,the crime of provoking and causing trouble has become a controversial issue in the academic field of criminal law in China.With the enrichment and development of social life,more and more new types of behavior have emerged,leading to the continuous expansion of the scope of application of the crime of causing trouble.The author analyzes the current trial situation of the expanded application of the number of crimes,behavior patterns,and behavior objects,and concludes that the problems in the expanded application of this crime in practice can be roughly divided into two aspects: first,the distinction between crime and non crime is unclear.Secondly,it is difficult to distinguish between this crime and that crime.The main reasons for the above problems in judicial practice are as follows: First,the crime of causing disturbances is influenced by the legislative background and public opinion;Secondly,the legal interests to be protected are relatively abstract,and there is uncertainty as to whether the motive and purpose of the crime are one of the necessary conditions for the establishment of the crime of provoking provocation,as well as the specific purpose and motivation for the implementation of this crime;Thirdly,the judicial determination of the crime of causing disturbances is ambiguous,such as the difficulty in grasping "arbitrary" and "arbitrary",the unclear application of "severe circumstances" and "serious circumstances",the unlimited expansion of "public places",and the unclear criteria for "serious chaos".In order to solve the problem of improper expansion and application of the crime of provocation and trouble making in judicial practice,the author proposes the following restrictive paths for the expansion and application of the crime of provocation and trouble making: Firstly,the principle of legality should be followed,the traditional ideology of severe punishment should be transformed,public opinion should be reasonably guided,and public opinion demands should be rationally responded to.Judicial personnel should adhere to the basic principle of "taking facts as the basis,and the law as the criterion",and reasonably exercise their discretion.Secondly,at the beginning of legislation,it is necessary to clearly stipulate the protective behavior of the crime of provocation and trouble making,strictly define the criteria for criminalization of the crime of provocation and trouble making,maximize the concrete legal benefits protected by the crime,maximize the clarity of the criminal purpose and motivation of the crime,and correctly handle the relationship between the crime of provocation and trouble making and other crimes.Finally,we should standardize the relevant supporting measures for the crime of provocation and trouble making,provide reasonable restrictions on judicial interpretation,introduce amendments to the criminal law to provide reasonable explanations for the crime of provocation and trouble making,and adhere to the effective connection between the criminal law and the public security management punishment law.