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The Practical Study On Crime Of Affray

Posted on:2007-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:W G GeFull Text:PDF
GTID:2166360218950932Subject:Law
Abstract/Summary:PDF Full Text Request
The amended Criminal Law of 1997 separated the crime of affray from another crime, and stipulated it as an independent crime. However, there have been lots of deferent opinions on its definition,elements,forms,judicial determination and penalty among the circles of criminal law professionals , and criminal law practice departments so far. This article, based on the basic theory of constitution of a crime, combining the theory and practice, try to clear up the important issues on this crime and provide an answer for how to apply the law on this crime in the judicial practice.The subject who may commit this crime is the average subject, without specific requirement on identity or social position. The ringleader and active participator, as two kinds of subject of this crime, all can be classified into the principal criminal and accessorial criminal. The object of this crime is the social public order, The objective element of the crime is compounded and corresponded with the acts of gathering a mob and fighting each other.On the analysis of its aggravated elements, this article places the emphasis on the aggravated circumstances of "gathering a crowd to engage in affrays for several times". This article analyzes and discusses these circumstances from the aspects of theory and practice.The standard of determining whether an act constitutes an offence or discriminating crime from other crimes shall be in light of its specific constitution of crime.
Keywords/Search Tags:Crime of affray, Crime constitution, Criminal pattern, Aggravated plot
PDF Full Text Request
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