A Study On The Problem Of Fighting Crime

The Crime Of Creating Disturbances has uncertainty, and it collide with the principle of the criminal law, which makes the Crime Of Creating Disturbances controversial in the academia and disorders the judicial practice. In order to provide more suggestions for research in this area and give reference to judicial officers, based on the Crime Of Creating Disturbances law and some relevant judicial explanations, this paper focuses on the history of the law in this area and the research of the legislative functions, which makes it as the addition of the related charges.The paper is divided into four chapters.Chapter 1, the overview of the Crime Of Creating Disturbances Based on the clauses of The Crime Of Creating Disturbance, This part discusses the legislation evolution of the law, the influence of social protection and guarantee of human rights, and classifies the Crime Of Creating Disturbances to the addition of the related charges.Chapter 2, the elements of the Crime Of Creating Disturbances Combining the complementary quality of the law, this chapter researches the elements of the Crime Of Creating Disturbances. About the object of the crime, this paper argues that the crime object has the randomness and the identity. The reason of randomness is the behavior might infringe on the object of a certain related charges, but it could also infringe on the object of several related charges; the reason of identity is that it should not generally regard the object as the social public order, but should have the same object with that of the related crime. About this crime, the paper researches the controversy of different behavior model. As to the subject of this crime, this paper suggests making special rules to the crime behavior of teenager. From the subjective aspect, this paper argues that it should not be deliberately distinguished from relevant crime, by declaring rogue motivation or other special purposes.Chapter 3, the discussion of dilemma of the Crime of Creating Disturbances In this chapter, combining with the actual case of the crime and non-crime, the paper discusses that it is not recommended to distinguish the crime from other related crime, but take into account complementary quality and apply related crime first.Chapter 4. the future of the Crime of Creating Disturbances This chapter first discusses the necessity of the existence of the crime. And it is suggested to apply this crime with caution. With the social development and the legal progress and improved human concept, it is suggested to abolish the concept of the Crime of Creating Disturbances.