A Study On The Recent Expansion And Limitation Of The Crime Of Provoking Trouble In The Judiciary

The crime of provoking trouble is one of the most controversial crimes in China’s criminal law field in recent years.With the enrichment and development of social life,more and more new types of provocative actions have emerged.In judicial practice,the "pocket nature" of crime of provoking trouble has intensified..This article takes the recent expansion of the crime of provocation in judicial affairs as the research object,and through empirical investigations reveals the types of behaviors that have expanded in recent years and the plight of judicial application.Based on this,aiming at the problems in judicial application,from five This paper analyzes the reasons in this respect.Through theoretical analysis and demonstration,it puts forward specific operating standards and methods in judicial practice to limit the further expansion of the crime of provocation and trouble and regulate the judicial application of the crime.The full text is divided into four parts,about 30,000 words.Part I Statistics of new cases in which the crime was sentenced in the past three years.Based on a statistical study of 500 cases of provocation,the statistical analysis of different perspectives and dimensions of different types of actors,criminal motive,behavior,and the basis of guilty verdicts,reveals that provocation of provocation is in current judicial practice.Application status and characteristics.The second part is the problems in the judicial application of the crime of provocation.Based on the statistical content of the case and the analysis results of the investigation data,this part determines the judicial dilemma of the crime from the aspects of intimidating others,gathering multiple implementation clauses,cyber provocations,and criminal motives to clarify the current provocations.Difficulties in the determination of sin.The third part analyzes the reasons for the problems in judicial application of provocation.It mainly includes internal reasons for the lack of independent features of the text of the provocation crimes and the unclear boundaries between criminal law norms and administrative regulations,the impact of criminal law concepts and public opinion on judicialdecisions,the abolition of labor education,and the application of criminal policies.the reason.The fourth part is the normative path for the application of the tendency to enlarge in the crime of limiting provocation.By sorting out and summarizing the problems in the judicial application of the crime of provoking troubles,summarizing and summarizing the current criminal law theoretical viewpoints and controversies,and proposing a reasonable position and attitude on the definition of the objective aspects of the crime of provoking troubles and the determination of the subjective motives of crime,Break the cage of judicial dilemma in actual operation and curb the further expansion of provocation crimes.Regarding the judicial application of the crime of provocation and the limitation of the expansion trend,this article has tried to elaborate and reasonably analyze it,but the research in this article is limited.In the future,it will improve the legislative regulations,prevent the crime from overflowing,and limit the expansion and development Research should be further strengthened.