| The crime of creating disturbances the defiance and affray crime of hooliganism stipulated in Article 160 of the Criminal Law of 1979.As one traditional pocket crime,it has been criticized by the academic circles.In the current "Criminal Law" stipulated first paragraph of Article,as the four types involve a wide range of overlapping crimes,complicated and difficult to clarify the application between crimes,and the applicability of judicial practice in the new era far exceeds the legal situation,contrary to the principle of legality.It has become a compromise choice made by judicial organs under the pressure of letters and visits and public opinion,and has become a pocket of conviction.Summarize the disadvantages,it reflected in the three aspects of legal interest infringed by the crime,the four types of completely unrelated behaviors covered,and the vague words in the legal provisions.As the crime of creating disturbances the defiance and affray crime,it accounts for the heaviest proportion in practice—Article 293 of the Criminal Law,a crime of "beating another person at will",which has the most contradictions and the highest concentration of related disputes among crimes.It also best reflects the key to the judicial application of the crime of picking quarrel and provoking trouble.The research attempts to interpret three dimensions of “arbitrary”,“beating behavior”,and “flagrant circumstances”exploring and constructing a whole context based on judgments and cases,theoretical identification and analysis as the connotation,and practical application as the purpose.Expecting to fully present the nature of the behavior under this type and better identify to apply.Studying this most representative act of assaulting at will not only seeks to resolve disputes for other types of behaviors under this crime,but also helps to deal with typical pocket crimes such as economic crimes,such as illegal business crimes and duty crimes.The typical pocket crimes abusing power crimes provide useful ideas for reference,and contribute to the delisting of pocket crimes that have long existed in the criminal law.Thinking from another perspective,the clear identification and demarcation of the crime of creating disturbances the defiance and affray crime can precisely cut the fuzzy gray area between letters and visits,public opinion,and the statutory crimes and punishments.Especially when a certain behavior does not meet the constitutive requirements of other crimes,but the behavior is typically harsh under the creating disturbances the defiance and affray crime,which should be applied in accordance with the law.This will better realize social fairness and justice,and also meet the people’s expectations of the rule of law.In the new era,the crime of creating disturbances the defiance and affray is based on the special fight against gangsters and crimes involving epidemics,whicn has widely realized the update of the law and the appropriate expansion of the interpretation.The meaning of the law has been changed and the interpretation has been appropriately expanded,showing new connotations and new contradictions.So what should we do?How to check and balance and make good use of this type of guilt to realize the value of the crime in the legal sense? This article will start with some of the 2020 judgments of the people’s courts at all levels in Liaoning Province,supplemented by reference cases of criminal judgments and a large-data empirical research application platform of law,combined with the theoretical status of creating disturbances the defiance and affray crime,and analyze the actual identification of the pulse and rational analysis.Relying on the constitutive elements,tracing the root cause and looking forward to the future trend of the crime by comparing the easily confusing charges,expecting obtain good social and legal effects. |
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