An Empirical Analysis of the Application of the Crimes of Disrupting the Work Order of State Organs and Causing Trouble
Due to the overlap and similarity of some constituent elements in legislation,the application of the crime of disrupt-ing the work order of state organs and the crime of causing trouble is easily confused.Through empirical analysis of 586 judicial doc-uments,it was found that:firstly,the court's characterization of the legal interests infringed upon by the crime of disrupting the work order of state organs is vague,and the legal interests of the crime of disrupting the work order of state organs and the crime of provoking trouble in public places are not clearly distinguished;Secondly,the crime of disrupting the work order of state organs highly overlaps with the behavior and appearance of the crime of forcefully demanding and provoking trouble.Therefore,distin-guishing between the two crimes should also start from legal interests and behavior methods,and refer to the subjective illegal ele-ments of the crime of causing trouble to distinguish.
crimes of disrupting the working order of state organsthe crime of causing troublelegal interestbehaviorsubjec-tive element of illegality
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