1. The standard of administrative punishment for provoking trouble needs to be determined according to the circumstances. They are:
(1) shall be detained for not less than five days but not more than ten days, and may be fined not more than 500 yuan;
(2) If the circumstances are serious, they shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
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 public * * * place order and the * * * same criterion that should be observed in life. The crime of picking quarrels and provoking troubles mostly occurs in public places, which often damages citizens' personal, personality or public and private property. However, the crime of picking quarrels and provoking troubles generally does not infringe on specific personal, personality or public and private property, but mainly points to public order, challenges the whole society and despises socialist morality and legal system.
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 and undermining public order;
3. Main elements. The subject of the crime of stirring up trouble is the general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute the crime of stirring up trouble;
4. Subjective factors. The crime of stirring up trouble can only be subjectively constituted by intention. That is, openly flouting national laws and social morality. Its motivation is to pursue spiritual stimulation and fill the spiritual emptiness through the activities of seeking trouble.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 26 of People's Republic of China (PRC) Public Security Administration Punishment Law.
Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
Gang fighting;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
(4) Other provocative acts.