随意殴打型寻衅滋事罪的构成及其司法认定___以蒋某某寻衅滋事罪一案为例_论文.docVIP

 Abstract The 1997 Criminal Law section 293 defines the stir up trouble crime.The charges of hooliganism isolated from 1979 Criminal Law under Article 160 ,and the title has been called little pockets crimesfor a long time.Because the 1997 Criminal Law section 293 of the four charges under the provisions of the behavior more broadly,and random rogue motivation and other expressions also involves peoples subjective value judgments content.Law stipulates is often confused with similar offenses in judicial practice,or difficult to distinguish,and leading to disagreement on the qualitative analysis of certain cases. So it is difficult for the judicial practice.In this article the author discusses assault and battery.Distinguish the beating type affray crime and the crime of intentional injury,especially in the distinction of beating others causing minor injuries has always been the focus of the circles of theory and Practice.The criminal law is to protect peoples rights,and the criminal law is to protect the legitimate rights of criminal suspects.Beating type crime and the crime of intentional injury is a common multiple crimes,if the resolution is not clear either prevent crime, or violations of the legitimate rights and interests of others,therefore, distinguish the beating type affray crime and the crime of intentional injury has important theoretical significance and practical significance.This paper has four parts: The first part: the basic situation of the case and the differences of opinion of the case.There are two kinds of views for this case,dispute reason in how to solve the crime of provocation random beating, defiance and affray crime is rogue motivation as necessary. The second part: theoretical analysis of related issues.In this part, it is the analysis of different points of controversy,and israndom beatings meating;To have a rogue motivation is or not the necessary condition for stir up trouble crime;Distinguish the beating type affray crime and the cr