Will something go wrong if searching business?
There is a boy who was sentenced to nine months in prison because of searching business.
Shen, a 22-year-old boy from Zhejiang, came up with an idea to eat freely, i.e. applying for drawback by lying that there is hair in his takeout. Within one month, he successfully asked for refund 13 times and earned more than 260 yuan. On November 6th this year, Shen was convicted the crime of picking quarrels and provoking trouble and sentenced to nine months in prison by the Yueqing City People’s Court in Zhejiang Province.
Some netizen joked that now Shen had a chance to eat freely for 9 months in the prison which is not a loss. Maybe Shen never expect that the behaviour such as cheating runners out of refund will make him be sentenced to prison. It seems that giving negative comment maliciously for drawback is little bad thing. Actually, it is the act of violating the criminal law by repeatedly taking and demanding other people’s property and destroying social order, which matches the standard of the crime of picking quarrels and provoking trouble. Something may go wrong if you searching business!
I believe most of you are familiar with picking quarrels and provoking trouble. You do know that the aforementioned behaviour not only is disgusting in daily life but also be prohibited by the law on punishment for public order administration and the criminal law, which is called the last applicable crime for such punishment and criminal elixir.
The article 26 of the law on punishment for public order administration stipulates that, those who commit one of the following acts shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan. If the circumstances of the case are serious, the criminal shall be detained for not less than 10 days but not more than 15 days and may also be fined not more than 1000 yuan.
(1) gang fighting;
(2) chasing or intercepting others;
(3) forcibly taking and obstinately seizing, or willfully damaging and occupying public or private property;or
(4) other provocative acts.
The article 293 of the criminal law stipulates that, whoever commits any of the following acts of creating disturbances, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(1) beating others at will, and to a flagrant extent;
(2) chasing, intercepting or hurling insults to another person to a flagrant extent;
(3) forcibly taking or demanding, willfully damaging, destroying or occupying public or private property to a serious extent;or
(4) creating disturbances in a public place, thus causing serious disorder in such place.
Contrasting the two laws, we can see that both of them do not explain the meaning of picking quarrels and provoking trouble but listing several kinds of behaviour which are almost same but only differs in the degree. To solve the problem of ambiguous boundary of the meaning of picking quarrels and provoking trouble, the Supreme People’s Court and the Supreme People’s Procuratorate defined picking quarrels and provoking trouble as the behaviour of people seeking stimulation, venting feelings, acting violently and searching business.
In a word, we can find that picking quarrels and provoking trouble is easy to understand, i.e. searching business, including beating others at will, chasing and intercepting and hurling insults, forcibly taking and demanding, willfully damaging, destroying and making trouble in public place. Those who caused relatively light consequence shall be constrained by the law on punishment for public order administration;those who caused relatively serious consequence shall be constrained by the criminal law.
On September 21st this year, the opening day of Xu’s barbecue restaurant in Shanghai, Feng, Xu’s competitor, organized 25 people to sit in Xu’s restaurant without ordering food, or just ordering a lamb kabob. Xu found things bad and called the police immediately.
Do you think that nothing wrong will happen as long as you don’t do or say anything? This thought is untrue proved by ‘picking quarrels and provoking trouble’. In order to form illegal influence, Zhang and Feng hired or ordered several people to gather in Xu’s restaurant, which has seriously influenced the restaurant’s normal running and destroyed social order. Feng and Zhang were sentenced to nine months in prison, and the others involved were sentenced to six to seven months in prison for provoking trouble. Sooner or later something will go wrong if you search business!
Although we mentioned that searching business mainly included four kinds of behaviour, the crime of picking quarrels and provoking trouble, as the criminal elixir, has a wide range of forms of crime. On July 23rd this year, the Supreme People’s court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice, jointly issued a guideline on several issues concerning the handling of criminal cases involving using information networks to carry out crimes committed by the evil forces. The two additional behavior in this guideline will also be convicted and punished for provoking trouble.
First, the behaviour that insults or terrifies another people on the Internet and destroys social order, shall be regarded as the second category--chasing, interception or hurling insults to another people. Second, the behaviour that fabricates false information, or spreads false information on the Internet maliciously, or organizes people to spread false information on the Internet, and causes serious social disorder, shall be regarded as the forth category--stirring up trouble in the public place. So, it’s possible to charge someone with causing trouble maliciously or attacking others verbally on the Internet, as mentioned in our previous article‘Mouse and keyboard in grasping, twitter bleep in fabricating’.
No matter how perfect the law is, it is impossible to regulate all our actions in every detail. Do not fail to do anything good even if it’s small; do not engage in evil even if it’s small. The kind heart is the best law.
