The Research On The Identification Problem Of Creating Disturbance In The Type Of Battery

In the revision of "penal code" in 1997,the crime of indecent assault was disintegrated into the crimes of creating disturbance and the crime of affray etc.the article two hundred and ninety three in the revised "penal code" defined the pattern of behavior for the found kinds of creating disturbance by the examples.Relative to the crime of indecent assault,the semantics for the articles of creating disturbance is clear,the pattern for the performance of behavior is explicit.It has a certain historical meaning for the prevention of random conviction,but the four patterns of behaviors with the regard to the crime of creating disturbance still have a certain repeatability or similarity with the other crimes on the elements of constitutive requirements,with the use of "arbitrarily","randomly","wicked circumstances" etc.which are the descriptions that need to be judged with value,some difficulties are imposed for the identification of crime by the judicial office.The theoretical circles of criminal law,the circle of practitioners also identify the crime of creating disturbance as the "crime of pocket" and the "general crime".Although the two supreme released the "explanation for the problems of applicable laws with the regard to the handling of the cases of creating disturbances "in 2013,"the supplemental regulations for the regulation(one)with the regard to the standard of filing prosecution for criminal cases managed by the public security organ from the public security department of the Supreme People's Procuratorate" printed and released by the public security department and the supreme procuratorate in April 2017 made clear regulations with the regard to the part of the components for the crime of creating disturbance,but it does not essentially solve the problem to distinguish the random and similar crimes of creating disturbances in the judicial practice.Among the four patterns of behaviors for the crime of creating disturbance,the pattern of behavior with the nature of battery is the most typical one,therefore,this article tries to explore the legal interest,the element of violation to the law and the element of responsibility and its relationship with the similar crimes with the example of crime of creating disturbance with the nature of battery and the specific integration of the content in the "explanation for the several problems of applicable laws with the regard to the handling of criminal cases of creating disturbances" released by the two supreme in 2013 for the expectation of making the punishment range of the crimes of creating disturbance in the type of battery in the legal practice clear and solving the difficult problems in the applications.This article will conduct the discourse studies for the related content from five aspects.The first part is the legislative origin and evolution of the crime of creating disturbances.The crime of creating disturbance was disintegrated from the crime of indecent assault.Therefore,the related regulations with the regard to the crime of indecent assault must impact the explanation for the crime of creating disturbance and impacts the accurate definition for the crime of creating disturbance.This part tries to conduct the analysis from the legislative origin and evolution for the crime of creating crimes for the expectation of clarifying the relationship between the crime of creating disturbance and the crime of indecent assault.The second part tries to conduct the exploration and analysis on the legal interest protected by the crime of creating disturbance in the nature of battery in the purpose of determining the content of legal interest,the constitutive requirements can be explained accurately based on the legal interests under protection.The third part conducts the analytical demonstration for the constitutive requirements of the crime of creating disturbance in the nature of battery,and conducts the explanation and analysis on the meaning of "randomness" and "battery"in the elements of behaviors for the expectation of forming the clear and practical route of judgment,the wicked circumstances in the element of result shall be elucidated by the judicial interpretation which is effective and available now for further determination of the standard for identification.The fourth part will conduct the statement for the elements of responsibility for the crimes of creating disturbance with the nature of battery,it will be stated on the aspects of whether the indirect deliberation is the pattern of crime for this crime,whether the specific purpose and motives are needed or not.The fifth part is the relationship between the crime of creating disturbance in the nature of battery and the deliberate injury,the relationship between the crime of creating disturbance and the deliberate injury which have always been the difficult problems in the legal practice,it tries to determine the relationship of the two through the debate of this part for the expectation of providing the effective method for the identification of the two in the legal practice.