Chinas Supreme Law Report: In recent years, it has been generalized and applied

The investigation report of the Supreme People's Court of China shows that the crime of provoking trouble is a common crime in practice. In recent years, it has a tendency to be generalized.

The official WeChat public account of the Supreme People's Court of China published on Wednesday (August 16) published a member of the Supreme People's Court Judgment Committee and the president of criminal trial.Jinhua City, Shaoxing City and Fuzhou City, and Quanzhou City in Zhejiang Province, on the research report on "the impact of the impact of rural criminal criminal criminal on rural revitalization in the new era" and "criminal regulation of provoking troubles".Essence

The investigation report pointed out that the crime of provoking trouble is a common crime in practice. In recent years, the charges have a tendency to be generalized; in order to accurately apply the law, the application of the crime is investigated.

The survey situation shows that in the past ten years, the number of rural provocation cases in Zhejiang, Fujian has ranked at the forefront of various crimes.Most of the defendants are young people, and most of them are migrant workers or no legitimate professional. Crimes caused by accidents and gambling are common.Cases of criminal liability for being charged for illegal petitions also occur from time to time.

It was found in the investigation that there are the following problems in the identification of the crime: first, the subjective motivation of the defendant is difficult to grasp and it is easy to fall into objective blame;The third is that the tendency to be easy to be generalized due to unclear borders is obvious; fourth is that it is difficult to distinguish from other related crimes; the fifth is that the execution is not smooth, which can easily lead to the increase in administrative violations as criminal criminal treatment.

In response to the above problems in practice, the survey report suggested that it is necessary to increase the trial guidance of the criminal case of provocation, and guide the local courts to accurately apply the law in the form of judicial documents or typical cases;Cases of provocation caused by petitions and petitions.