The Protection of Legal Interests and Determination of"Arbitrary"Elements in the Crime of Assault and Riot
When"The Criminal Law"was revised in 1997,the crime of provocation and disturbance was separated from the crime of hooliganism.However,due to the existence of too many value judgments in the provisions,it was impossible to reach a unified opinion on it in both theoretical research and judicial practice.The biggest controversy lies in the clear protection of legal interests in the constituent elements and the understanding of the term"arbitrary".From the perspective of purpose interpretation and system interpretation,the protection of legal interests in the crime of provocation and trouble caused by arbitrary assault should be limited to"public place order",and recognizing the term"arbitrary"as an objective element is more in line with legislative history and purpose interpretation.
crime of assault and riotarbitraryconstituent elementspublic place orderpurpose interpretationsystem interpretation
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