寻衅滋事罪是常见多发罪名,且多为共同犯罪,具有较大的社会危害性。近年来,学界经常把寻衅滋事罪作为口袋罪的典型予以批判,质疑实务中的一些做法违反了罪刑法定原则。本文结合司法实践,通过对司法实务中认定寻衅滋事罪的批判,提出了合理解决问题的路径。 Crime of provocation trouble is a common multiple crimes, and more common crime, with greater social hazard. In recent years, academics often criticize the crime of provocation as a typical case of pocket crime, and some problems in practice have been questioned in violation of the principle of legality. This article, combined with the judicial practice, puts forward the way to solve the problem reasonably through the criticism of the crime of affair provocation in judicial practice.