The Tripe Vision of the Crime of Provoking in Criminal Evaluation of Letters and Visits
Liu Yongjun;Henan University of Economics and Law;
At present, the behavior of disrupting the order of letters and visits and the order of social public places in the activities of letters and visits has been regularly incorporated into the criminal evaluation, which has become an important symbol of the rule of law in letters and visits. Among them, the most applicable charges are the Crime of Provoking. As far as the existing cases are concerned, there are objectively the error of evaluation caused by random and vague standards in criminal evaluation of the Crime of Provoking. The expansion of the crime of letters and visits, which is evaluated as the Crime of Provoking, may bring about the following three kinds of harm: impacting the self-consistent nature of the existing criminal and administrative norms systems for the behaviour of Provoking, deviating from the law of steady and declining contradiction between letters and visits under the trend of social progress, and harming the concept of socialist democratic politics. To build a fair and democratic order for letters and visits,a balance of multiple values should be achieved in the goal of the rule of law for letters and visits.Specifically, the necessity and legitimacy of the Crime of Provoking should be weighed from a triple perspective, that is, to seek the systematization, legitimization and accuracy of the legal norms of letters and visits. Accurately grasp the law of the evolution of social effects and social contradictions, and take into account the democratic and internal contradictions of petition activities.