The Analysis Of The Criminal Case In Beating Type Picking Quarrels And Causing Troubles

The crime of picking quarrels and causing troubles was included as one of the objects of "hooliganism" in China’s 1979 Criminal Law.The original "hooliganism"was abolished and broken down into five new crimes,including the crime of picking quarrels and causing troubles in the revised Criminal Law of 1997.This crime is found in Chapter 6,Section 1 of the Criminal Code,"Disrupting Public Order".It is not easy to grasp at the practical level because of its broad and general formulation.The crime of beating type picking quarrels and causing troubles and the crime of intentional injury are difficult to define precisely.Especially in picking quarrels and causing troubles beating behavior causing minor injuries,they are very easy to be confused.In practice,there is no shortage of minor assaults that could have been punished with a public order violation,but the judicial authorities found that the phenomenon of criminal offenses.In the field of trial,the judge’s understanding of picking quarrels and causing troubles assault,the severity of the circumstances,the degree of injury and the size of the impact on the social order,determines the perpetrator’s conviction and sentence,which is prone to large differences and disputes.The five real cases involving picking quarrels and causing troubles assault contain two points of contention,that is,"whether the assault in question constitutes a crime",and "it is the crime of picking quarrels and causing troubles crime of beating or the crime of intentional injury.For the first focus of contro versy,the author from picking quarrels and causing troubles beating the subject,the object of the act and the consequences of the circumstances,as well as the case of beating behavior to analyze the causes of the crime,can be concluded that the five cases are guilty of the conclusion.The second controversial focus,the author combined with the mainstream theoretical doctrine on the difference between picking quarrels and causing troubles and the crime of intentional injury,analyzing the crime of beating type picking quarrels and causing troubles and the crime of intentional injury of the constitutive elements,the main features and criteria for differentiation.The main features and criteria for differentiation.This paper concludes: case one and two c onstitute the crime of intentional injury,while case three,four,five should constitute picking quarrels and causing troubles crime.In response to the "one-size-fits-all" type of inertia in judicial practice,it is necessary to effectively implement the criminal policy of leniency and severity,match the different nature of assault with different means of legal regulation,and try to avoid using criminal law only to evaluate the illegal behavior.In view of the current reality,the crime of picking quarrels and causing troubles does have the necessity to survive.However,the rules of application of this crime should be revised and improved.We should both retain the crime of picking quarrels and causing troubles to close the loopholes for criminals to es cape punishment and maintain the normal order of society.We need to reduce the abuse of beating type picking quarrels and causing troubles crime as well.