Anyone who is threatened or intimidated may report the case to the public security organ according to law, and ask the public security organ to deal with the illegal suspect according to the provisions of Article 42 of the Law on Public Security Administration Punishment. If the public security organ fails to file a case or handle it after reporting to the police, and its behavior is illegal, it may complain to the discipline inspection department of its superior public security organ or the procuratorate and ask the case-handling unit to explain the reasons.
The constitutive elements of its crime:
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 and disturbing public order. The objective behavior of the crime of stirring up trouble is stipulated as follows:
(1) Beating others at will, and the circumstances are bad. Beating others at will refers to beating people you know or don't know for no reason or 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 serious consequences such as suicide of the beaten person;
(two) chasing, intercepting or insulting others, and the circumstances are bad. Chasing, intercepting and abusing others refers to unhealthy motives such as having fun, chasing, obstructing, insulting and abusing others without any reason, which are mostly manifested in chasing, intercepting and abusing 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. Acts that use violence, coercion or other methods to force lewdness and insult women constitute the crime of forced lewdness and insult to women;
(3) Forcibly taking things or arbitrarily damaging or encroaching on 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. Serious circumstances here refer to forcibly seizing or arbitrarily damaging or occupying a large number of public and private property; Causing adverse effects; Repeatedly extorting money or arbitrarily damaging or encroaching on 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 bad motives such as fun, disturbing the order of public places and causing serious chaos. It refers to the destruction of the normal order of public places, causing people to panic and flee.
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 motive is to fill the spiritual emptiness through the activities of seeking trouble.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 42 of People's Republic of China (PRC) Public Security Administration Punishment Law.
One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
Article 293 of the Criminal Code of People's Republic of China (PRC).
Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.