Judicial Determination Of The Crime Of Picking Quarrels And Provoking Troubles

In 1997,the Criminal Law broke down the Crime of Picking Quarrels and Provoking Troubles from the crime of hooliganism and became an independent crime.Afterwards,the legislative amendment of the eighth Amendment of Criminal Law and the Judicial Interpretation(hereinafter referred to as"Explanation")of July 2013 on the handling of the Crime of Picking Quarrels and Provoking Troubles has further enriched the connotation of the Crime of Picking Quarrels and Provoking Troubles.The connotation of the Crime of Picking Quarrels and Provoking Troubles has alleviated the confusion in the determination of judicial practice departments.However,in recent years,the Crime of Picking Quarrels and Provoking Troubles has once again fallen into the dilermma of "Pocket Crime" and it is difficult to extricate itself.Therefore,it is necessary to re-examine the criminal law positioning of the Crime of Picking Quarrels and Provoking Troubles from the legal level.This paper selects two typical cases,and describes the basic case and judgment results of the case in detail.It summarizes the focus of the case and the problems caused by the focus of the dispute.From the perspective of the above cases,the first part discusses the legal interest of the protection and subjective aspects of the Crime of Picking Quarrels and Provoking Troubles.In the second part,the guilty description of the Crime of Picking Quarrels and Provoking Troubles is based on the sinful criteria of "bad plot" or "serious plot",which is difficult to judge.It has become the main problem of judicial determination of this crime,and the distinction between this crime and similar crime is also difficulty in judicial determination.The author combines the specific cases,analyzes the various types of behaviors in the objective aspects of the Crime of Picking Quarrels and Provoking Troubles and the specific problems in the judicial identification.The third part is to compare the provisions of the Civil Law System on behalf of the state similar to the act of Picking Quarrels and Provoking Troubles.Analyze the characteristics of foreign legislation and its reference.The last part is to analyze the phenomenon of"Pocket Crime" in combination with the method of data statistics,to explore the criminal law orientation of the Crime of Picking Quarrels and Provoking Troubles.Put forward suggestions for improvement to help the correct application of the Crime of Picking Quarrels and Provoking Troubles in the judicial practice.