The Identification Of The Mob And Armed In The Crime Of Appray

The crime of affray Crime in China's Criminal Law Chapter VI of the crime of obstruction management of social order as a crime of disrupting public order offenses In judicial practice, of the Crime of sex crimes are often made, but in use it is often easy and deliberate assault, disturb the crime to be confused, leading to indulge on the perpetrators of crime or for the consequences of the penalty is too strict. The reason that the law applicable to the above cases of improper very important because of the Crime of the "gathering" and "armed" Recognition is not accurate enough. In this paper, a judicial case to proceed in an objective, focused exploration of the Crime of the "gathering" and "armed" meaning it ought to be able to help gather together to fight for the right articles.The controversy on the crime of affray mainly in the number of people gathering and the gathering of objects The number of gathering requirements, there is "assembling a crowd to reach a total of three sides can", "unilateral gathered up the number three, the two sides to gather together to fight crime," "reached number three can be unilaterally set up gathering of the Crime, But less than three parties not to be punished the crime of affray "," only the number of people gathering to three sides, it can constitute the crime of affray, "Some theory point of view. On the gathering of objects, then there exists a "gathering of the object can only be the ringleaders and other active participants," "inciting the objects may include persons other than the addition to meet all," "inciting the object should be for all, including the meet who I am. " Etymological sense, from the investigation, "together" should be "call, meaning make do", it is difficult to be each other's acts regarded as the party gathered to object; "public" means "three or more of the majority" and This will meet the majority of people do not rule out other than themselves. Look at the criminal object of the crime of affray may know, the crime fighting each other through most of the way to cause harm to social order. So from the object of criminal law provisions are integrated into the gathering of meaning, should be gathered in the Crime of understanding is: as long as the number one gathering (including those gathered, including the owners) to three or more, then both sides can be gathered to form assault.On Crime of the armed fight, this paper focuses on those affray did not know in advance not to bring others with firearms, when not used in the fight armed with whether the conduct should be identified as the armed affray. This paper discusses the nature of the penalty, determined the nature of the penalty is a vicious act subjective. Therefore, the discussion of the Crime of the penalty in the key actors to study the subjective aspects of human behavior On this paper such a case to be discussed at the two cases. One is the conduct of personnel in the fight before, but when I do not know what others use instruments, but he did not to stop or failed to stop the armed acts of others; the other is the behavior I do not know in advance, and do not know when fighting with others to use firearms behavior. For the first case, because of the Crime is a common criminal, behavior has to stop to the use of armed people with the obligation, at this time does not stop or were not able to stop it, it shows that there is fault on the subjective, it should be armed the Crime of responsibility; for the second case, first of all because I do not know another actor armed, armed assault others when they do not know at this time the perpetrator is no subjective fault, it should not be held responsible for armed plot.