Qualitative Analysis Of The Behavior Of Driving Collision Continuously And Causing Slight Injury

Article 293 of the Criminal Law stipulates the crime of picking quarrels and provoking troubles,in which the distinction between the crime of picking quarrels and provoking troubles by random assault and the crime of intentional injury(causing minor injuries)is always an inextricable problem.In this paper,there are about 26000 words in total,and the case of Zhang ’s provocation is analyzed in the way of case analysis,and the protective law interests,subjective motive and objective elements of the related charges are identified.Then,the crime of Zhang ’s continuous driving collision is qualitatively analyzed by legislation and judicature,and the crime of willful assault is differentiated from the crime of intentional injury.The text mainly consists of four parts:Part 1: Basic information of the case.Mainly includes the brief introduction to the case,divergent views on the case and the focus of dispute.In this case,the actor continuously collided with another person after having a quarrel with someone,causing light injury to the unrelated third party and loss of another person’s property.Through sorting out the differing opinions on the case,we have concluded that the focus of dispute in this case is the issue concerning the determination of the nature of the actor’s continuous colliding with his vehicle.One view holds that the perpetrator has a subjective rogue motive,arbitrary beating of an unrelated third party,constitutes the crime of assault and provocation;the other view holds that the perpetrator retaliates against a specific object,resulting in minor injury of others constitutes the crime of intentional injury.Part Ⅱ: The jurisprudential analysis of disputes related to cases.This part is the main body of the article.Combined with practical cases,this paper firstly analyzes the legal interests and behavior types protected by the crime of picking quarrels and provoking troubles,and then sums up and distinguishes hooligan motives,which are more controversial in the academic circle.Then it analyzes the random beating type of provocative behavior involved in the case,respectively interprets the legal implication and judgment basis of the "random beating",as well as the application of "beating" and matters needing attention,and puts forward the shortcomings of the "bad circumstances" in the crime of random beating type of provocative behavior in the current criminal law,and clarifies the connotation of the random beating type of provocative behavior.At last,the author makes a distinction between the crime of willful assault and the crime of intentional injury(causing slight injury to a person).Firstly,the author makes clear the legal status of the two crimes from the legislative norms,and then sums up the factors of judicial consideration for distinguishing the two crimes in practice.Part Ⅲ: The analysis and conclusion of this case.After the analysis of the above problems,the results are obtained.In this case,the perpetrator constitutes a random assault type of provocative crime.The perpetrator has violated the public place arbitrary third person’s personal health,has destroyed the public order,has infringed the provocative crime protection law benefit.Meanwhile,such actor had the hooligan motive to try to show off his strength and be merciless,and then according to the criteria of combining subjective random with objective random,the crime of picking quarrels and provoking troubles was constituted as the actor beat others at will,and such behavior conformed to the provision of the crime of picking quarrels and provoking troubles with random beating on "grave circumstances".Part Ⅳ: This case study inspiration.That is,caused by the case for some of the relevant charges of thinking.When differentiating the crime of assault and provocation from the crime of intentional injury,we should start from the nature of crime on the basis of combining subjective and objective factors.At the same time,we should realize that the accusation in criminal law is not an either-or antagonism.When the relevant elements of a crime coincide,we should analyze the facts of the case thoroughly and evaluate it accurately according to the complexity of the social relations destroyed by the act.The crime of willful assault and provoking trouble and the crime of intentional injury are facing great difficulties in judicial application.The deep-seated cause of the dilemma is to clarify the essence of the two crimes.This article through to two constituent elements,the legislative status and the judicial application analysis,proposed distinguishes two crimes the feasible standard.