寻衅滋事罪的司法认定——以宋某等人寻衅滋事案为例刑事诉讼法专业毕业论文.pdfVIP

Abstract As we all know, as an existing Criminal Code’s new charge, the crime of picking quarrels and provoking troubles is separated from the crime of hooliganism which is a charge in 1979 Criminal Law. It is an important performance improvement and progresses of China ’s criminal legislation. But in judicial practice identified for this crime still has many problems. In this paper, the author identifies the crime of picking quarrels and provoking troubles in depth analysis starting with a real case of C district in Chongqing. The paper is divided into five parts, and main content of the various parts are as follows: The first part is the cause of action. It is a case of Song et al stir-up-trouble. The second part is basic facts. In this part the author elaborates the case of Song et al stir-up-trouble in detail. In the third part, based on the case, the author generalizes, refines and lists the focus of the case which is how to punish the Song’s acts. In the fourth part, from the point of view of theoretical and judicial practice, the author refines the theory of Criminal Law researched. Account of the qualitative different opinions in the Song ’s case and their reasons clearly. The first opinion reputes that Song’s acts constitute the crime of picking quarrels and provoking troubles. The second opinion reputes that Song ’s acts constitute the crime of disturbed the social order. The third opinion reputes that they violate the crime of intentional destruction or damage of properties and the crime of willful and malicious injury (light damage), and they should be combined punishment for these two offenses. After that the work is recapitulation all reasons. The last part is arrival at a conclusion. In