The Research Of The Crime Of Creating Disturbances

Disturb the crime provisions in the Criminal Law Offences order of socialadministration "chapter, the provisions of law the behavior of four provisions inJustice in the crime of intentional injury, an insult to the crime, robbery, intentionaldestruction of property crimethe crime of affray cross, to distinguish for theconviction in the judicial practice has a very important significance.The thesis is divided into four parts,to analyze the related issues about thecrimeof picking quarrels and provoking troubles from different points of view.Part Ⅰ: And they beat the others to "disturb the crime of the first paragraph of acase to start, be made a distinction and definition of illegal activities with the PublicSecurity Administration Punishment Law" in general disturb the crime, the PublicSecurity Administration of the People’s Republic of Chinapunishment Law and thecriminal Law of the People’s Republic of China disturb the punishment of acts madeprovisions, general offenses, and two types of behavior underlying the crime. Thispart from the understanding of how to disturb the crime provision "is vile, and how todefine elements of the plot serious" or "vile and disturb behavior into the definition ofthe crime were discussed.Part Ⅱ: The provisions of criminal law to disturb the crime as "random assault,intentional assault, assault others plot, then for the same assault objective behavior,how to separate it? This part of the definition of "arbitrary", the place of crime, crime objects on assault others constitute the crime of creating trouble or crime ofintentional injury is defined. In reality, the trouble in the Crime "objective imputation"to investigate the crime of intentional injury whether the attempt is to find a way todisturb the crime identification, this paper whether the crime of intentional injuryattempted discussed. Disturb the crime prescribed in the chapter of the prejudice tothe order of social administration, the significance of its independent existence. Findsthat the charges should be considered subjective and objective, etc., instead of theresult to identified, this will cause error judgment "objective imputation" or "only"theory.Part Ⅲ: caused the trouble in the behavior of others seriously injured, deathresults conviction, the paper also analyzed. Common trouble in the criminal process,causing the victim serious injury or death results, the direct perpetrators should beconvicted and punished the crime of intentional injury or intentional homicide. Theother common crimes should be convicted, there is a dispute, the author has alsoanalyzed.This paper tries to clarify the nature of the trouble and provide benefieialadvice for the practice ofjustice and legislatio.