What is the concept and manifestation of picking fights?

The crime of stirring up trouble refers to the act of arbitrarily provoking, beating, harassing others, arbitrarily destroying or occupying public and private property, or creating troubles in public places, which seriously undermines social order. Its main manifestations are: 1, beating others at will, with bad circumstances; 2, chasing, intercepting, insulting and intimidating others, with bad circumstances; 3, extortion or arbitrary destruction and occupation of public and private property, with serious circumstances.

In daily life, it is not uncommon to find trouble. Picking up trouble violates the relevant laws of our country, and our country clearly punishes it. If a party constitutes a crime of stirring up trouble, the public security organ will file a case against the suspect for investigation. So what are the acts of seeking trouble? What are the main aspects?

1. The crime of stirring up trouble refers to the act of arbitrarily stirring up trouble, beating or harassing others, or arbitrarily damaging or occupying public or private property, or stirring up trouble in public places, which seriously undermines social order. Its manifestations mainly include:

1, beating others at will, and the circumstances are bad.

Beating refers to the act of exercising tangible power over others and causing physical pain to others. In other words, beating is equivalent to atrocities in a narrow sense in foreign criminal laws. In other words, beating should directly exert tangible force on the human body.

2. Chasing, intercepting, insulting or intimidating others, and the circumstances are bad.

Those who chase, intercept or insult others, causing minor injuries or suicide, those who chase, intercept or insult others with a weapon, those who chase, intercept or insult others many times, and those who chase or intercept vulnerable groups such as the disabled and children, shall be deemed as having a bad plot.

3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;

Coercion is an act of forcibly obtaining other people's property against their will, which can be manifested as seizing property or forcing others to deliver property. Property should be interpreted broadly, that is, it includes property interests.

4. Gathering people to make trouble in public places, causing serious disorder in public places.

The judgment of whether the act of heckling and making trouble has caused serious public disorder should be based on all the specific circumstances when the act occurred. The nature of public places, the importance of public activities, the number of people entering public places, the time of trouble, the scope and degree of public activities affected, etc. , is an important material to judge whether the behavior caused serious confusion in public places.

Therefore, it can be seen from the constitutive requirements of the crime of stirring up trouble that the crime of stirring up trouble is a crime committed by one party, and the public security organs only punish the parties to the crime of stirring up trouble, but not the victims. Therefore, there is no need for both sides to arrest for the crime of provoking trouble.

Second, what are the relevant legal provisions of the crime of provoking trouble?

1 article 293 whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(1) Beating others at will, and the circumstances are bad;

(two) chasing, intercepting or insulting others, and the circumstances are bad;

(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;

(4) gather in public places. Causing serious disorder in public places.

2. The harmfulness of cases of picking quarrels and causing troubles is mainly reflected in the harmful consequences, frequency, location, social impact and criminal targets. When sentencing, the benchmark punishment can be determined within the corresponding legal punishment range according to the harmful consequences, frequency, location, social impact and object of the crime.

(1) Picked up trouble, and the circumstances of the crime were average, causing no personal injury. Benchmark punishment is control and criminal detention; If a person is slightly injured, the benchmark punishment is one year's imprisonment.

(2) Under one of the four circumstances stipulated in Article 293 of the Criminal Law, for each additional item 1 or equivalent circumstances, the benchmark penalty will be increased by 6 months.

(3) If a person causes minor injuries by causing trouble, the benchmark punishment should be two years' imprisonment; For every additional 1 person with minor injuries, the benchmark punishment will be increased by six months to one year.

(4) If the amount of loss of public or private property caused by affray reaches 2,000 yuan, the benchmark punishment shall be one year's imprisonment; For each additional 500 yuan, the benchmark liquidated damages will be increased by one month.

3. Under any of the following circumstances, the benchmark penalty 10%-30% may be increased:

(1) The targets of crimes are the disabled, the elderly, 14 minors and pregnant women;

(two) damage to disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other funds and materials;

(3) Threatening or threatening by means of self-mutilation or suicide;

(4) in schools, hospitals and other crowded places, enough to cause serious stampede accidents.

To sum up, the behavior of provoking trouble is mainly manifested in beating others at will, intimidating others at will, destroying others' property at will, and causing social disorder in public places. These acts constitute the crime of stirring up trouble and need to be punished according to our laws.