Key Elements of the Crime “Picking Quarrels and Provoking Trouble”

A review of the relevant provisions of China’s Criminal Law reveals that the establishment of this crime requires several conditions: objectively, there must be acts of spreading rumors, and objectively, this must cause serious harm or severe disruption of social order; subjectively, the perpetrator must clearly know that the information being spread is deliberately fabricated rumors; and, of course, as criminal liability is a form of legal liability, establishing a causal relationship between the act and the damage is a crucial and essential element.

In this part, we will review the three main constitutive elements which the crime of “Picking Quarrels and Provoking Trouble” typically comprises in the Chenjingyuan’s case.

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• Objective Criminal Conduct
  • Artistic Works
    • So-called “criminal evidence”
    • Analysis and Evaluation
  • Subjective Emotions
    • So-called “criminal evidence”
    • Analysis and Evaluation
  • Rational Understanding
    • So-called “criminal evidence”
    • Analysis and Evaluation
  • Description of Reality
    • So-called “criminal evidence”
    • Analysis and Evaluation
  • Common Analysis

• Result Requirement
  • Twitter account and data
  • Common Analysis

• Subjective Intent
  • Common Analysis