1. Criminals have different criminal motives and purposes.

The motive of the crime of stirring up trouble is to seek spiritual stimulation, try to be brave, and destroy property at will. And its purpose is to vent their dissatisfaction, show off their strength and make a name for themselves. According to the Modern Chinese Dictionary (version 1983), any? Is it? Unlimited, unlimited, what do you like? The meaning of. On the occasion of creating trouble, there is generally no dispute and contradiction between the actor and the victim. In practice, many cases of picking quarrels and making troubles are because the perpetrator thinks that the victim is speaking ill of himself or doing something unfavorable to himself. Besides, he doesn't like others at all. Perpetrators often find fault with the victims indiscriminately, make up excuses at will, and use topics to stir up trouble. These so-called reasons are often unreasonable, and victims often don't know the real reason why they are hurt by the perpetrators.

In the crime of deliberately destroying property, the actor's mentality is to deliberately destroy property and pursue the depreciation of the value of others' property. Generally speaking, there are certain reasons, either based on revenge on others, or based on jealousy, or based on other reasons. The reason for vandalism is affirmative? Just cause? Or? Rational? Of course, no matter how legitimate and reasonable the cause is, it cannot be solved by criminal means, but it is relatively legitimate and reasonable in the eyes of ordinary people. If the cause is weak, the society generally believes? Because? It can't be the objective reason for damaging property, but it should be considered as much ado about nothing, which belongs to picking fights and making troubles; On the other hand, it can be considered as a reason, which belongs to deliberate destruction of property.

2. The object of behavior violation is different.

Judging from the criminal object of the two crimes, that is, the infringed legal interests, the object of the crime of picking quarrels and stirring up trouble is social public order, and the damage to public order exceeds the economic loss. Therefore, the crime of stirring up trouble is classified as the crime of disturbing social management order in the Criminal Law; The object of the crime of intentionally destroying property is the ownership of the owners of public and private property, which is classified as the crime of infringing property in criminal law.

3. The object of behavior violation is different.

The perpetrator of the crime of stirring up trouble destroys public and private property at will for unreasonable motives or purposes, and the object of infringement is unspecified and vague. The perpetrator of the crime of intentionally destroying public or private property generally has disputes and contradictions with the victim. He committed a crime to vent his anger and revenge. The object of crime is clear and specific, which infringes on the property owned, kept or used by a specific person. The specificity and non-specificity of the criminal object must link the subjective understanding of the actor with the criminal behavior, and we can't simply talk about the former without talking about the latter.

The so-called uncertainty means that the actor's choice of the criminal object is very accidental and random, rather than the uncertainty when the behavior occurs. If the defendant's behavior finally points to a specific person or thing, it is considered that the criminal object is specific, which actually denies the significance and value of the existence of an unspecified criminal object.

4, different areas of behavior.

The object of the crime of stirring up trouble is social public order, and the behavior is open and unspecified. The perpetrator of the crime of intentionally destroying property, whether doing it himself or rallying others to commit the crime, often chooses a relatively hidden place and a time period that is not easy to be detected in order to avoid being obstructed.

5. Different conviction standards

There are also differences between the two crimes in the objective criteria for the establishment of a crime. In the crime of stirring up trouble? Destroy public and private property at will? The situation,? Seriously? Constitute a crime, and? Serious circumstances? It is not only judged by the value of destroyed property. Article 4 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray stipulates? Serious circumstances? Including damage or embezzlement of public or private property worth more than 2000 yuan; Arbitrarily damaging public or private property, resulting in adverse social impact; Arbitrarily damaging the property of mental patients, disabled people, vagrants and beggars, the elderly, pregnant women and minors, resulting in adverse social impact; Causing serious consequences such as mental disorder and suicide of others; Seriously affecting the work, life, production and operation of others; Other serious circumstances.

Therefore, although the actor's behavior destroyed the public and private property with small value, if it caused bad social impact, it was enough to establish this crime. However, whether the intentional destruction of property constitutes a crime depends on whether the public and private property intentionally destroyed by the perpetrator belongs to him. Large amount or other serious circumstances? . According to the current regulations in Zhejiang Province, including the destruction of public and private property worth more than 5,000 yuan but less than 50,000 yuan; Destroying public or private property for more than 3 times; Gathering three or more people to openly destroy public or private property, resulting in property losses of more than 2,000 yuan but less than 20,000 yuan; Other serious circumstances.