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Which department handles malicious traffic jams in the community?
Intentional traffic jam is an illegal act, and if the circumstances are serious, it constitutes the crime of gathering people to disturb public order and traffic order. According to the provisions of Article 291 of the Criminal Law, gathering people to disturb the order of stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports fields or other public places, block traffic or disturb traffic order, and resist or hinder state security managers from performing their duties according to law. If the circumstances are serious, the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
Is malicious traffic jam a provocation?
Intentional traffic jams that disturb the order of public places, if the circumstances are serious, will also be considered as troublemaking.
The constitutive elements of the crime of stirring up trouble include:
(A) the main elements of the crime of stirring up trouble
The subject of this crime is the general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute this crime.
(B) the subjective elements of the crime of stirring up trouble
Subjectively, this crime can only be constituted by intention. That is, openly flouting national laws and social morality. Its motivation is to pursue spiritual stimulation and fill the spiritual emptiness through the activities of seeking trouble.
(C) the objective elements of the crime of stirring up trouble
The object of this crime is public order. The so-called public order includes the order of public places and the same rules that people should abide by in their lives.
(D) the objective elements of the crime of stirring up trouble
The objective behavior of the crime of stirring up trouble is stipulated as follows:
1, beating others at will, and the circumstances are bad;
2. Chasing, intercepting or insulting others, and the circumstances are bad;
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;
4. Gathering people to make trouble in public places, causing serious disorder in public places.
Legal basis:
Article 942 of the Civil Code: Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.
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