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A Research On The Definition Of The Crime Of Creating Trouble

Posted on:2010-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ChiFull Text:PDF
GTID:2166360278467615Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of creating trouble has been convicted by vague modifiers like "free", "arbitrary", "severe", "vile", "severely disturbing". The legislators attempted to grade the crime by motives, circumstances, and consequences. Lack of corresponding judicial explanations and a set standard result in variation of convictions and confusion of judicial practice, and compromise the justice of the law.Owing to the vague definition, the crime of creating trouble is often confused with crimes like violation of order. Sometimes it is even difficult to decide whether it is a crime or not.It is crucial to conduct a study on the crime of creating trouble in order to define the concept systematically, clarify the boundaries within and without the crime, and make it more practical, precise and reasonable.The writer of this paper clarifies the basic features of the crime of creating trouble and the value of its legislation by looking back on its history. Then the writer clarifies the crucial points in defining the crime, which is the key to a better practice of the law, abiding by the principle of being both objective and subjective. It will be much easier to distinguish the crime of creating trouble from other crimes, if the nature and the crucial points of the crime are identified first.
Keywords/Search Tags:the crime of creating trouble, conviction, crucial point, the act of creating trouble, related charges
PDF Full Text Request
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