On The Judicial Applied To Crimes Of Picking Quarrels And Provoking Troubles

The Crime of Picking Quarrels and Provoking Troubles is a new crime.It was revised in criminal law1997.Tt is more common in judicialpractices. The hope of legislators is good thing。But they ignore theobjective behavior which is to enumerate the way in the law and is to havea plot requirements. So it is still the circumstance crime.While theplot crime is still obscure in basic understanding judicial practice. Thecrime is not perfect at present in our country, both in legislation andjudicial practice. Such as, the subjective motive aspect of the crime isaccusation, whether is necessary and judicial applied the other charges; asmany people of conviction, when it appears injuries, serious injury ordeath results. These problems are common in judicial practice. TheDepartment will be controversial.Sometimes in a case between departmentswill have different understandings. It will result in similar cases indifferent areas or different times have different results, which arecontrary to the basic principles of criminal law and spirit, affect thejudicial authority and seriousness, infringe the lawful rights andinterests of citizens. Now the article combined with the objectiveelements of the crime and subjective elements and specific judicial cases. As the guide of the criminal law basic theory, the crime are more specificand thorough treatise, to the judicial practice of the crime correctlyapply benefit.The first chapter is discussing the situation of crime. The firstsection is the legislative status. The main analysis of the crime lawsand regulations、the judicial interpretation and the local regulations.It is abstract in our country criminal law. The judicial operationsignificance is not clear. The second section is judicial presentsituation. The judicial practice has many problems as the charges in theimperfect legislation resulting.It mainly includes the boundary betweenthe crime and non-crime, and boundaries difficult to similar charges, andthe judicial practice difficult to correctly identified. Due to theunderstanding of different investigators, it resulted in similar casesin different regions or different periods have different processingresults in the judicial practice.The second chapter of this article analyzes the objective behaviorof crime and judicial determination。Determination of random beat others,if the case is serious; Determination of chase, intercept, abusive,threatening, if the case is serious; Determination of importunity orwillfully damaging, occupying public or private property, if thecircumstances are serious; in public places creating a disturbance,causing public serious disorder; some others repeatedly commits the act,serious damage to the social order and behavior way.The third chapter focuses on the judicial determination of subjectiveaspect to this crime, including rogue motivation source identification,whether rogue motivation of this crime is necessary or not, therecognition of rogue motivation in judicial practice.The fourth chapter is combined with the specific case.It analysisthe differences between intentional injury crime and it involved the joint crime and coercive indecency and humiliating women and robbery crime.The fifth chapter focuses on the deficiency and perfection of thecrime of picking quarrels and provoking troubles. It mainly throughdiscusses the deficiency of legislation, to put forward relevantsuggestions.So the five chapters of The Crime of Picking Quarrels and ProvokingTroubles consist of this article.It from the current situation to improveand from basic theory to the judicial cognizance of crime, in order toachieve the aim of legislation.