Study On Some Issues On The Crime Of Affray

Crime of affray is a newly-defined crime that used to be covered in the crime of hooligan in the Criminal Law since 1979, which is covered by the crime of disrupting public order. Crime of affray is a crime involving various criminal actions of more than one subject of crime. Despite the complexity of specific cases, the crime is defined by simple facts of the crime in the Criminal Law since 1997, which leads to a lot of arguments on the explanation and application of the accusation in the theoretical and practical field, such as the problems in the discrimination between the prime criminal and the active participants, in the identification of the criminal intent of affray, in the determination of the acts of gathering a mob, in the crimination of the accomplice who causes severe injury to a victim or even kills the victim, and in the attribution of the responsibility. On the need of the judicial practice, the constitutive elements of the crime of affray are identified through analyzing cases in this paper. Further more, with an attempt to facilitate judicial practice, the criminal circumstances that cause aggravation or even the conversion of the accusation are claimed and analyzed.