On The Crime Of Affray

The crime of affray refers to the behaviors of organizing, planning, directing others to actively participate in mass affray, or fighting. It is a question worthy of serious study about the basic constitution of the affray crime, the transformation of the crime and the judicial determination of the crime both in the criminal law theory and the judicial practice. In the method of theory with practice, these problems were serious research and exploration.This thesis is divided into three parts, the main contents as below:Part 1 is the overview of the crime of affray. The basic meaning, legislative history and the constitution of crime about the crime of affray are researched in this part. It's argued that the main body of the crime is the ringleaders and other active participants involved in the brawls. The identification from the ringleaders to active participants is in accordance with its role in the specific crime. The ringleaders are the principal criminals. Other active participants, some are principal criminals, and some are accomplices. Subjective aspects of the crime is the direct intent, while the rogue motive does not constitute elements of the crime. To constitutes the crime of affray, only the party needs to be appraised have a fight deliberately will do. The object of the crime is the simple object: social order. The harmful behaviors of the crime are the complex behaviors, including assembling with mob and having brawls at the same time. The behavior of having assembled to have brawl are implementation of behavior.Part 2 is the analysis on the transformation of the crime of affray. It's argued that the paragraph 2 of Article 292, in the Criminal Law of the People's Republic of China, provided that in the process of assembling to have brawls causing serious injury or death, to translate into intentional assault, intentional homicide. The conversion of the the crime includes the various items of the fact of the subjective and objective. The transformation requires that the perpetrator on their own subjective have a clear understanding that their behavior may result in bodily injury or deprivation of life, and actively promote the implementation of appropriate harmful results, or have a laissez-faire attitude on the occurrence of harmful results. In determining the scope of transformation, we should be strictly determine whether there is a transformation in accordance with common crime theories, as to whether there is a common criminal intent and the implementation of a common criminal acts. If there are serious injury or death in the brawls, it should transform a deliberate assault, or intentional homicide, unnecessary to constitute the crime of affray as a precondition.Part 3 is the judicial determination of the crime of affray. The judicial determination of the accomplished or attempted of the affray crime, and the statutory aggravating circumstances. It's argued that the crime of affray is an act committed crime. Under normal circumstances, there form of attempted existed. The are four aggravating circumstances to the crime. The"many"in"crowds are assembled on many occasions to have brawls"should be understood as three times in one year and three or more than three times, irrespective of having received any punishment, and regardless of whether constitute a separate offense each time. It's a comprehensive three-pronged approach to identify"the size of crowds assembled to have brawls is large, and bad social effects have been caused"."crowds are assembled for brawls in public places or main thoroughfares, and serious social disorders have been caused", not just to place restrictions should also result in social consequences of serious disorder. In the"crowds are assembled for brawls with tools", the"with tools"refers to the actors use devices to the other party or shows the held equipments in affray. In these premeditated crime of arrray, ringleaders and active participants should be identified as assembled with tools, while in these crimes unpremeditated affray with tools, the armed active participants should be identified as in armed affray.