将寻衅滋事罪分解的可行性探究

实践中在审理寻衅滋事罪与抢劫罪、故意伤害罪、故意毁坏财物罪的案件的时候,首先要弄清他们各罪之间的界限问题。由于上述罪名在客观方面的行为、主观方面的目的、客体以及犯罪对象上都有交叉重叠,使本应明晰的界限变得模糊,不能明确辨析,从而直接影响了对案件的定罪量刑。文章以寻衅滋事罪与抢劫罪为例,分析了传统上对两罪界限认定的观点,提出了将寻衅滋事罪分解的观点,并从刑法学理论上阐述了这一观点的可行性。

The Probe about the Feasibility Resolving the Offense of Picking a Quarrel and Making Trouble

In practice, while hearing the case of the offense of picking a quarrel and making trouble namely,the offenses of robbery, calculated injury, and intentionally defacing property, we should first clarify the demarcation line question between every crime. Because the above-mentioned charges overlap alternately at the behavior of objective aspects, intent of subjective aspects, object and crime target,it makes the demarcation line, that should be distinct, fuzzy and not to be differentiated and analyzed clearly. Thus it has directly influenced to the proportionate punishments to crimes of the case. The paper takes the offense of picking a quarrel and making trouble and the offence of robbery as an example, analyzes the view asserted to two crimes dividing lines traditionally, puts forward the view of resolving the offense of picking a quarrel and making trouble, and explains the feasibility of this view from the theory of criminal law.