Author(s)

Liu Tianyang ¹

Affiliation(s)

¹ School of Law, Xi'an Peihua University, Xi'an, Shaanxi, China

Corresponding Author

Liu Tianyang

ABSTRACT

This paper aims to research the basis and scope of punishment for the offense of provocation and disturbance. Firstly, an overview of the offense is provided, including its definition, legal background, and societal impact. Then, an analysis of the legal basis of the offense is conducted, including an examination of relevant legal provisions, judicial practices, and precedent case analyses. Subsequently, the basis of punishment for the offense is explored, covering statutory penalties and discretionary sentencing, analysis of sentencing standards, and factors considered by the courts in sentencing. Furthermore, an analysis of judicial interpretations and the scope of application of the offense is presented, including an overview of judicial interpretations, analyses of typical cases, and the courts' views and attitudes towards the interpretation and application of legal provisions. Finally, suggestions for legal reforms regarding the offense are proposed, addressing existing issues, reform suggestions, and expected outcomes. Through this research, a deeper understanding of the basis and scope of punishment for the offense of provocation and disturbance can be obtained, providing insights for relevant legal reforms.

KEYWORDS

Provocation and Disturbance Offense, Basis of Punishment, Legal Scope, Judicial Interpretation, Sentencing Standards, Legal Reform

CITE THIS PAPER

Liu Tianyang, Research on the Basis and Scope of Punishment for Provocation and Disturbance Offense. Science of Law Journal (2024) Vol. 3: 1-8. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030201.

REFERENCES

[1] Lv Xiaohong. The Dilemma and Solution of the crime of collecting Illegal Debts [J]. Western Law Review, 2023, (06):1-11.
[2] Xu Yaqiong. Judicial Determination of the Crime of Picking Quarrels and Provoking Trouble [J]. Journal of Shaanxi Administration University, 2023,37(04):67-71.
[3] Wang Yicheng. Proportional Structure of Punishment for Picking Quarrels and provoking Public Security [J]. Western Law Review, 2023, (05):63-76.
[4] Dang Deqiang, Jin Linlin. Reflection and improvement of judicial application of the crime of Picking Quarrels and Provoking Troubles based on Internet rumors: An empirical analysis of 155 cases [J]. Journal of Xinjiang Police College, 2019, 43(03):50-55.
[5] Su Xiaoyu. Analysis on the crime of Picking Quarrels and provoking Trouble in Cyberspace [J]. Journal of Langfang Normal University (Social Science Edition),2022,38(02):94-100.

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