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与流氓罪相似,寻衅滋事罪作为单独的罪名从流氓罪中分离以后,就一直遭到学界的诟病。不仅是因为与故意伤害、抢劫、故意毁损财物等罪名类似的客观行为,更是因为寻衅滋事罪在主观问题上的认定。基于此,本文从犯罪动机与犯罪目的两个方面加以考量,对寻衅滋事罪的主观问题进行浅显分析。
Similar to the crime of hooliganism, the crime of provocation and misconduct has been criticized by the academic circles after its separation from hooliganism as a separate charge. Not only because of the objective acts similar to the charges of intentional injury, robbery and intentional destruction of property, but also because of the subjective problems in the crime of provocation. Based on this, this article takes into consideration two aspects of the motive of crime and the purpose of the crime, and makes a brief analysis of the subjective problems of the crime of provoking trouble.