According to the provisions of China's criminal law, the act that constitutes the crime of picking quarrels and stirring up trouble must be an act with a bad plot, a serious plot or a serious disturbance of public order. Generally speaking, the starting point of sentencing can be determined within the range of 3 months of criminal detention to 1 year imprisonment. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the number of troubles, the consequences of injury, extortion of other people's property or arbitrary destruction and occupation of public and private property. Finally, all lighter and heavier punishment circumstances can be combined with sentencing.
Legal basis:
Criminal law of the people's Republic of China
Article 1 The actor creates troubles by seeking excitement, venting emotions, bravado, etc. Whoever commits the acts specified in Article 293 of the Criminal Law shall be deemed as "the crime of stirring up trouble". If the actor commits the acts specified in Article 293 of the Criminal Law due to occasional contradictions and disputes in daily life, it shall be deemed as "seeking trouble", except that the contradiction is intentionally caused by the victim or the victim is mainly responsible for the intensification of the contradiction. Where an actor commits acts such as beating, insulting, threatening others or damaging or encroaching on others' property due to disputes over marriage, family, neighborhood or debt, it is generally not recognized as "stirring up trouble", but after being criticized and stopped by the relevant departments or punished, he continues to carry out frontier acts, except for disturbing social order.
Article 2 Whoever beats others at will and disturbs social order in any of the following circumstances shall be deemed as "bad circumstances" as stipulated in Item 1, Paragraph 1, Article 293 of the Criminal Law:
(1) Causing one or more minor injuries or two or more minor injuries;
(2) Causing serious consequences such as mental disorder and suicide of others;
(3) repeatedly beating others at will;
(4) beating others at will with a murder weapon;
(five) beating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors at will, causing adverse social impact;
(six) beating others at will in public places, causing serious disorder in public places;
(seven) other vile circumstances.
Article 3 Whoever chases, intercepts, insults or intimidates others and disturbs social order under any of the following circumstances shall be deemed as "bad circumstances" as stipulated in Item 2, Paragraph 1, Article 293 of the Criminal Law:
(1) Chasing, intercepting, abusing or intimidating others for many times, resulting in adverse social impact;
(2) Chasing, intercepting, abusing or intimidating others with a murder weapon;
(3) Chasing, intercepting, abusing or intimidating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, thus causing adverse social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(five) seriously affect the work, life, production and operation of others;
(six) other vile circumstances.
Article 4 Whoever extorts money or arbitrarily damages or occupies public or private property and disturbs social order shall be deemed as "serious" as stipulated in Item 3, Paragraph 1, Article 293 of the Criminal Law:
(1) extorting public or private property worth more than 1,000 yuan, or arbitrarily damaging or encroaching on public or private property worth more than 2,000 yuan;
(two) repeated extortion or arbitrary damage, occupation of public and private property, resulting in adverse social impact;
(three) extortion or arbitrary destruction, occupation of mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, resulting in adverse social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(five) seriously affect the work, life, production and operation of others;
(six) other serious circumstances. Article 5. When making troubles in stations, docks, airports, hospitals, shopping malls, parks, theaters, exhibition halls, sports fields or other public places, factors such as the nature of public places, the importance of public activities, the number of people in public places, the time of making troubles, the scope and degree of public places being affected should be considered.
Article 6 Whoever gathers people for more than three times to commit the crime of stirring up trouble and has not yet dealt with it shall be punished in accordance with the provisions of the second paragraph of Article 293 of the Criminal Law.
Article 7 Whoever commits an act of stirring up trouble meets the constitutive requirements of the crime of stirring up trouble, intentional homicide, intentional injury, intentional destruction of property, extortion and robbery. , should be convicted and punished according to the crime of heavier punishment.
Article 8 If an actor pleads guilty or repents, actively compensates the victim for losses or gains the victim's understanding, he may be given a lighter punishment; If the circumstances of the crime are minor, prosecution may not be instituted or criminal punishment may be exempted.