试析寻衅滋事罪的构成特征及司法认定

寻衅滋事罪从客观方面来看，与抢劫、敲诈勒索、故意伤害等罪类似，执法实践中易混淆。文章通过对该罪概念的论析和四个构成要件的阐述，探析了该罪的构成特征及司法认定，为具体工作中判断某行为是否构成该罪，以及区分罪与非罪、此罪与彼罪奠定了理论基础。

On the Composing Features of Defiance and Affray Crime and Its Judicial Confirmation

From the objective aspect, the defiance and affray crime is similar to crimes like robbery, extortion, intentional injury that it can be easily confused in enforcement practice of law. Through the explanation on the concept and the four elements of the crime, this paper has laid a theoretical foundation that can help people grasp the offense as a whole, have a clear understanding and help determine whether the acts are criminal or not, the defiance and affray crime or any other crime in the practice, so the...