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Wang Hongfei, Jurisprudential Analysis of the Crime of Provocation

source:法学院   The author:法学院   time:2021-01-08

Abstract: Legal interest has the function of restricting other elements of crime.The legal interests of the crime of provocation includes the stable life order of the public. Its characteristic is that anyone in social life may become the potential object of the crime. The Crime of Provocation has a concurrence relationship with the crime of intentional injury and robbery etc. In the case of the exclusion of taking cognizance of other serious crimes due to the theory of concurrence,the crime of provocation can only be applied in space. Within the exclusive scope,it is necessary to limit the lower limits of the illegality of the act of provocation in accordance with the circumstances. The connotations of“random”,“arbitrariness”and“creating disturbances”in the act of provocation are the same as the hooligan motivation,it should be based on whether there is a dispute between the perpetrator and the victim,and whether other people will be potential victims.


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Academics &Research

Wang Hongfei, Jurisprudential Analysis of the Crime of Provocation

法学院 · 2021-01-08

Abstract: Legal interest has the function of restricting other elements of crime.The legal interests of the crime of provocation includes the stable life order of the public. Its characteristic is that anyone in social life may become the potential object of the crime. The Crime of Provocation has a concurrence relationship with the crime of intentional injury and robbery etc. In the case of the exclusion of taking cognizance of other serious crimes due to the theory of concurrence,the crime of provocation can only be applied in space. Within the exclusive scope,it is necessary to limit the lower limits of the illegality of the act of provocation in accordance with the circumstances. The connotations of“random”,“arbitrariness”and“creating disturbances”in the act of provocation are the same as the hooligan motivation,it should be based on whether there is a dispute between the perpetrator and the victim,and whether other people will be potential victims.