IMAGE OF CRIME OF PICKING QUARRELS AND PROVOKING TROUBLE IN LEGAL DOGMATICS: CENTERING ON CREATING DISTURBANCES

寻衅滋事罪的法教义学形象：

以起哄闹事为中心展开

Chen Xingliang            Professor at Peking University Law School

<正> 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.