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4 China Legal Sci. 121 (2016)
Image of Crime of Picking Quarrels and Provoking Trouble in Legal Dogmatics: Centering on Creating Disturbances

handle is hein.journals/chlegscien4 and id is 122 raw text is: CASE STUDY IMAGE OF CRIME OF PICKING QUARRELS AND PROVOKING TROUBLE IN LEGAL DOGMATICS: CENTERING ON CREATING DISTURBANCES Chen Xingliang* The crime of picking quarrels and provoking trouble is a noticeable crime in the Criminal Law in China, which is a not often used crime in the past. However, in recent years, there is a tendency that the crime of picking quarrels and provoking trouble is abused in judicial practice, which results in the crime of picking quarrels and provoking trouble being stigmazed at the same time. Under the promotion of judicial interpretation, the connotation of the crime of picking quarrels and provoking trouble constantly expands and the behaviors covered by its constitutive elements contain a wide variety, and it almost becomes a catchall charge for the crime of obstructing order of social administration. Therefore, some Chinese scholars put forward the proposition of the all-inclusiveness of the crime of picking quarrels and provoking trouble in the judicial application, revealing the profound background of the crime of picking quarrels and provoking trouble being reduced to a pocket crime.' Under this circumstance, the author holds the view that there is an urgent need to reshape the image of the crime of picking quarrels and provoking trouble in legal dogmatics. I. NORMATIVE STRUCTURE OF CREATING-DISTURBANCE TYPE OF THE CRIME OF PICKING QUARRELS AND PROVOKING TROUBLE No such crime of picking quarrels and provoking trouble was provided by the Criminal Law of 1979, and the act of picking quarrels and provoking trouble was contained in the crime of hooliganism at that time. Three basic types of acts of the crime of hooliganism are: engaging in affrays, picking quarrels and provoking trouble, and humiliating women. When the Criminal Law was amended in 1997, in view of the nature of pocket crime of the crime * Professor at Peking University Law School. 1 Zhang Xun, Study of the Crime of Picking Quarrels and Provoking Trouble from the Perspective of Pocket Crime, 3 Political Science and Law (2013).

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