The National Two Associations of China will open this weekend. Zhu Zhengfu, a representative of the National People's Congress and a long -term lawyer, once again called for the cancellation of provocations.
According to Sichuan Radio and Television Sichuan Observation Official Weibo on Tuesday (February 28), Zhu Zhengfu said that the existence of provocation is conducive to punishing the social order., Nourishing, serious behaviors, have certain punishment value.
But he pointed out that the disadvantages of the crime of provoking trouble to erode the foundation of the law at all times. The vagueness will not only affect the reasonable expectations of the people's rights and obligations, but also lead to a selective law enforcement of law enforcement agencies.
The crime of provoking trouble has been controversial in the Chinese legal community and society for a long time. During the two sessions last year, Zhu Zhengfu also suggested to cancel the crime of provocation.
He said at the time, "The crime of provoking trouble was the crime of decomposition from the criminal crime of criminal law in 1979. In practice, the charges gradually became a new 'pocket crime" similar to the crime of gangsters. "He believes that the crime of provocation is obviously related to the concept of the crime that is too vague. This status quo not only plagues the reality of judicial practice, but also is easily abused, causing excessive social criminal legalization.
According to Article 293 of the Criminal Law of the People's Republic of China, there are one of the following four provocations and destroying social order.His bad; (2) chasing, interception, abuse, and intimidation of others, the circumstances are bad; (3) forced to force or arbitrarily damage and occupy public and private property, the plot is serious; (4)The order is seriously chaotic.If others have implemented the preceding paragraph many times, if they seriously damage social order, they are imprisoned for five years and less than ten years, and they can be fined.
According to public information, Zhu Zhengfu is a native of Jingzhou, Hubei, a doctor of law at Wuhan University, and chairman of the partner meeting of Haotian Law Firm.He is currently the representative of the 14th National People's Congress.