Abstract:
In response to the constant pocketing of the crime of creating troubles, the judicial response should not be confined to the limiting interpretation of constituent elements and the general definition of legal benefits.The crime of creating troubles should be analyzed systematically and constructed at the interpretative level,including emphasis on the interpretation of the elements of the crime of creating troubles and provocations it should follow the basic principles of the criminal law interpretation of a legally prescribed punishment, and use the principles of criminal law interpretation to limit the unreasonable expansion of the crime. On the basis of clarifying that the legal benefits include social order and individual rights,the logical relationship between legal benefits is explained, and then the legal benefit relationship is used to restrict the scope of establishment of the crime in the judicial application process. In order to avoid the suspicion of analogy interpretation in the application of the crime, it’s necessary to clear the main interpretation methods to narrow the scope of the crime, prohibit analogy interpretation, and avoid the extended interpretation that is easy to lead to analogy interpretation. By using the main interpretation methods, to limit the scope of the crime.The judicial application of crimes shall be reasonably controlled. It’s vital to pay attention to the effective coordination between the laws of different departments, follow the principle of modesty, place the participation of criminal law in social governance of entire governance system for observation, and then maintain the normative status of the criminal law as the guarantee law.