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Is knocking and kicking a door a provocation?
1, knocking at the door is not necessarily a provocation. Specifically:
(1) Knocking or kicking the door, if the circumstances are minor, shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan;
(two) if the circumstances are serious, they shall be detained for more than ten days and less than fifteen days, and may be fined not more than one thousand yuan.
2. Legal basis: Article 26 of People's Republic of China (PRC) Public Security Administration Punishment Law.
One of the following acts shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan; If the circumstances are serious, they shall be detained for more than 10 days and less than 15 days, and may be fined less than 1,000 yuan:
Gang fights;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
Other provocative acts.
Second, what are the constitutive elements of the crime of stirring up trouble?
1 object element. The object of the crime of stirring up trouble is public order. The so-called public order includes the order of public places and the same rules that people should abide by in their lives.
2. objective factors. Objectively, the crime of stirring up trouble is manifested as stirring up trouble, making trouble without reason, beating and hurting innocent people, wantonly provoking, bullying the weak and disturbing public order. The objective behavior of the crime of stirring up trouble in this article is as follows:
(1) Beating others at will, and the circumstances are bad. Beating others at will means beating people you know or don't know for no reason because of unhealthy motives such as being overbearing and having fun. The bad plot here refers to those who beat others at will by cruel means and beat others at will many times; Causing the beaten person to commit suicide and other serious consequences;
(2) Chasing, intercepting or insulting others, and the circumstances are vile. Chasing, intercepting and insulting others refer to unhealthy motives such as seeking pleasure, chasing, obstructing, insulting and insulting others for no reason, which are mostly manifested in chasing, intercepting and insulting women. Bad circumstances mainly refer to frequent pursuit, interception and abuse of others; Causing bad influence or arousing public anger; Cause other consequences and so on. If the perpetrator uses violence, coercion or other methods to force lewdness and insult women, it constitutes the crime of forced lewdness and insult;
(3) robbing property or arbitrarily damaging or occupying public or private property, if the circumstances are serious. Extortion or arbitrary destruction or occupation of public or private property refers to extortion of commodities in markets and shops and other people's property by unreasonable hooliganism, or arbitrary destruction or occupation of public or private property. The seriousness of the case here means that a large number of public and private property is forcibly taken away or arbitrarily damaged or occupied; Causing adverse effects; Repeated extortion or arbitrary damage or occupation of public or private property; Causing serious losses to public or private property;
(four) in public places, causing serious disorder in public places. Making trouble in public places refers to making trouble in public places with unhealthy motives such as fun, disturbing the order of public places and causing serious chaos, which means that the normal order of public places is destroyed, leading people to panic and flee.
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