Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Violation of civil rights and democratic rights of crime

Analysis on the Application of the Crime of Picking Quarrels and Provoking Troubles in Beating

Author YaoZuoNan
Tutor JinZeGang
School Shanghai Jiaotong University
Course Legal
Keywords Picking Quarrels and Provoking Troubles IntentionalInjury Doubt in Judicial Application Distinguishing Criteria
CLC D924.34
Type Master's thesis
Year 2012
Downloads 47
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In the criminal legislation of our country, the crime of pickingquarrels and provoking troubles has been separated from the offences ofhooliganism and also regulated four acts as result of creating troublecrimes under certain conditions. However, there is some similarity oroverlap between these four acts in this crime and the constitution of othercrimes, which leads to the doubt of application in judicial practice,especially the apparent differences of opinions can be found in theidentification between the crime of picking quarrels and provokingtroubles in beating and crime of intentional injury. In addition, thedeficiencies in legislation also increase the difficulties to apply the crimeof picking quarrels and provoking troubles. This paper will analyze thereasons on the doubt of application regarding the crime of pickingquarrels and provoking troubles in judicial practice through the study of the history of legislation. With an example of the crime of pickingquarrels and provoking troubles in beating, this paper will discuss theidentification of randomness on the basis of the constitution of the crimeand suggest studying the crime of picking quarrels and provokingtroubles with the cases in judicial practice to solve the doubt in judicialapplication of this crime.

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