Study On Special Forms Of Crime Of Affray

As a kind of mass crimes, the crime of affray always causes disputes on joint crime, behavioral offense, conversion of crime in judicial practices. These disputes belongs to the special forms of the crime of affray. this disertation focuses on the joint crime form and brings ahout its research according to the legislation and the related theory.Basing on the origin of affray crime from another crime as under the Criminal Law of 1979,the comparation between different countries or areas says that the legislation of affray crime in China is more moderate. The difinition of affray crime depends on the conclusion on its haracteristics.In this disertation,the crime of affray means that somebody organnizes, plans, orders others(more than two persons)to assault the object person(s),or active participaters in the affray actively in public disturbing the social order or jeopardizing individual healthy rights seriously. meanswhile, the different disputes also remind me of the disertation's focus.From the legislatve comparison of the crime of affray and the different definition of the concept, it is not difficult to find that the crime of affray is a special crime, which is different from many crimes committed by single person in the form of a separate, the provisions related to the criminal law is a multi-person's liability, but not by the joint crimes to unify with the general provisions of the criminal law. So, whether the behavior of ringleader and active participant is a common criminal? Furthermore, it is a necessary form of complicity in it? In terms of accountability with the ringleader and active participants of the crime of affray, all of aggregation behavior and actively participate in fighting are punished, the simple "mob" and "fight" is not subject to the adjust the behavior of the crime. If the crime of affray is a joint crime, the implementation of its behavior is "affray for aggregation " or " gethering for affray?" If one of them, is there the unfinished form of the crime of affray? When others in affray caused serious injury or death, the criminal law in accordance with the intentional assault or homicide treatment, which is the conversion of a crime, or a competing crime of two? At this point, the subject is identified with the same charge it? These questions often arise out of the judicial practice, but also are a lot of scholars argue in criminal law or try to avoid the topic of many people.Undoubtedly, the crime of affray is one kind of gathering crimes, and a kind of necessary joint crime when the participants will be convicted of crime according to section 292 of Chinese criminal law.As an exception, it isn't a necessary joint offense when only the ringleader is sentenced. when the crime is a joint crime, the ringleader is naturally a principal of joint crime, whether the protagonist is an acceorial participant depends on his mens rea,status,funtion when commiting the crime,and the legislation,theories of criminal law.The inchoate crime includes crime in preparation, crime termination. attempted crime. The affary really starts when the rioters are preparing for the basic assault at the fighting place.it is an attempted crime when the criminal (s) is forced to disdrawl,neither an accomplished crime nor a crime termination. Abiding by theories of crime conversion and crime competition,the second line of section 292 is a conversion crime,neither a crime competing in regulations nor a crime competing in brain.we should differentiate the criminals'liability,referring to the theories of joint crime at some extent,coincidence of action and liablity.