Research On The Crime Of Provoking Troubl

After the introduction of the new judicial interpretation of the crime of picking quarrels and provoking troubles,some concepts of the crime still have abstract and fuzzy characteristics,and even the emergence of new words such as "soft violence",there is a problem of the expansion of picking quarrels and provoking troubles.The overlapping content of this crime and other charges leads to unclear constitutive elements is fundamental,and the logical level of crime and non-crime of public security violation and criminal crime is the key.On the basis of the reserve position of the crime of picking quarrels and provoking trouble,in terms of the object of the crime,it is necessary to clarify the direct object of the crime,social public security,involving other random objects,it is necessary to identify the primary object of the crime,with the motivation of the rogue,random as the distinguishing factors.Then clarify the composition and characteristics of the crime,distinguish the relationship between this crime and that crime,accomplice responsibility problem,for the result of the crime can be legislated to determine the criminal responsibility in the form of conversion.At the legislative level,by learning from the experience and logic of foreign legislation,the competition and cooperation of laws and articles should be reduced,and the levels of common violations and crimes should be clarified,so that there is a clear distinction between crime and non-crime,so as to prevent "selective" law enforcement and difficult judicial determination.