Several Difficult Problems Of The Crime Of Picking Quarrels And Provoking Trouble

This paper aims at the three problems that the crime of pickin gquarrels and provoking trouble easily leads to the confusion of practical application,in order to analyze the current situation of the crime of picking quarrels and provoking trouble in practice and put forward some suggestions for perfection,it is hoped that the supplementary nature of the crime of picking quarrels and provoking trouble can be viewed objectively and its boundary can be defined by reasonable means.The first chapter of this paper mainly analyzes the definition,function,existing problems and whether and how to take the "rogue motive" as the subjective constituent element of the crime of picking quarrels and provoking trouble,with a view to the behavior of picking quarrels and provoking trouble in a qualitative reduction and return to the original intent of the study of legislation.The second chapter mainly analyzes the convergence and concurrence of the act of picking quarrels and provoking trouble in the process of applying the criminal law and the law of punishment for Public Security Administration,with a view to quantificationally draw a clear distinction between the public security violations of picking quarrels and provoking trouble and criminal offences,clear crime and non-crime boundary;The third chapter mainly analyzes the problems existing in the information network spreading rumors behavior through the judicial interpretation to establish the information network noisy behavior,the crime of picking quarrels and provoking trouble,as a supplementary charge,should not be regarded as pocket crime.