According to the provisions of Article 293 of the Criminal Law of People's Republic of China (PRC), the crime of picking quarrels and provoking troubles refers to the act of wantonly provoking, arbitrarily beating and harassing others, or arbitrarily damaging or occupying public or private property, or creating troubles in public places, which seriously undermines social order.
The criminal law defines the objective manifestations of the crime of stirring up trouble as four types:
(a) beating others at will, and the circumstances are bad;
(2) Chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Gathering people to make trouble in public places, causing serious disorder in public places.
The crime of stirring up trouble mostly occurs in public places (some in remote and hidden places), which often causes damage to citizens' personal, personality or public and private property. The crime of picking quarrels and stirring up trouble generally does not infringe on a specific person, personality or public or private property, and mainly points to public order.
The subjective aspect of the crime of stirring up trouble is direct intention, that is, knowing that one's actions will have harmful consequences of undermining social order and hoping that such consequences will occur. The perpetrator's criminal motive is to meet abnormal mental stimulation or other unhealthy psychological needs such as bullying and playfulness.
There is almost no objective difference between beatings, robberies, vandalism and insults. And the crime of injury, robbery, destruction of property, etc. The key to distinguish the above crimes is subjective motivation.
If you illegally possess public or private property out of greed, or intentionally destroy a large amount of public or private property in order to vent your anger or revenge, it constitutes the crime of looting, the crime of intentionally destroying public or private property and other crimes against property; If it is to challenge the society, deliberately disrupt public order, openly rob or destroy public and private property, it constitutes the crime of stirring up trouble.
If you beat others at will in order to seek mental stimulation or abnormal psychological satisfaction, it constitutes the crime of provoking trouble; Whoever makes trouble without reason in public places, disturbs public order and seeks spiritual stimulation constitutes the crime of provoking trouble.