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我国1997年刑法第293条确立了寻衅滋事罪,但是在司法过程中,对于寻衅滋事罪的认定、进行定罪量刑存在很多问题,笔者凭借实习期间的见闻,通过向检察机关办案人员的请教,试图对刑法293条规定进行解析,写作本文。文章分为三个部分,第一部分是对寻衅滋事罪构成要件解析;第二部分是探讨寻衅滋事罪的认定标准;第三部分是关于其与相关罪名的区分,期待通过本文写作,能对司法实务操作有所裨益。
Article 293 of the 1997 Criminal Law of our country established the crime of provocation and misconduct, but during the judicial process, there are many problems in the determination of the crime of provocation and punishment for conviction and sentencing. Based on the information during the internship, the author tries to seek advice from investigators of the procuratorial organs Analyze the provisions of Article 293 of the Criminal Law and write this article. The article is divided into three parts. The first part is the analysis of the constitutional elements of the crime of quarrels and quarrels. The second part is about the criteria for the identification of the crime of quarrels and quarrels. The third part is about the distinction between the crime and the related charges. Practical operation of some benefit.