Research On Serval Patterns Of The Crime Of Appray

The signal crime in legislative significance regard to all the constitutive requirement , when all the factors are provided completely, the crime is established. However, the crime in phenomenon significance exists lots of specific facts out of constitutive requirement ,which is more rich and vivid, due to the characteristic of reification has been overstepped the constitutive requirements. According to some certain standard, classifying the crime by common specific characteristic relevantly, all sorts of criminal patterns are formed. Although the criminal patterns are not limited by single crime or one type of crime, provided by other provisions of criminal laws, it is still the abstract and sublimation of specific crime, also the depth and spread of its general principles. The basic task of criminal laws is to terminate the crime and impose sentence accordingly, so the criminal patterns discussed in the study of criminal laws should be related with that , which is also the typification of the characteristic in the criminal patterns. The research way in this articles focus on the three criminal patterns of crime of affray. Its main idea is to guide this type of crime in practice to be terminated the crime and imposed sentence more exactly. It could be divided into three parts, the suspended pattern, the converted pattern and its aggravating pattern.In part one, the suspended pattern is analyzed. The crime of affray could be only constituted by being direct intentional, which exists preparation, attempt and discontinuation. 1. To gather the people is its preparation. After two parties are gathered, when the public order are faced the menace , in fact, is the process 2. Gathering people to engage in affrays is the crime of behaviour, when its dangerous behaviour come to some certain extent, consummation is constituted. In the process from committing to consummation, if some factors out of one's intent appeared, exists the circumstance of attempt . 3. The suspended pattern is existed in the period of preparation and committing. After the period of committing comes to consummation, the action that people take initiative to give up affray is full compliant with the legislative spirit in discontinuation of crime, part of which is also required the ringleader to prevent others from affrays.In part two, we have discussed about the converted pattern of the crime of affray. Firstly, analysing the converting premise of the converted crime of affray is necessary by its establishment , which is the conversion between crimes ,not the problem of crimes'establishment. Next, the converted crime must have the conversion of subjective offence. According to the theory of common objective condition, the crime of affray converting to crime of intentional injury, or crime of intentional homicide is also asked the people should know the result ,except severe injury or death, as the subjective intent has taken place . In addition, analysing the subjective intent before and after conversion and making clear that the extent of the subjective intent before conversion is limited strictly, which just includes the slight wounds to others, not severe injury, intentional homicide, while the subjective crime after conversion excludes the negligent situation, as a intent hoping or not interfering the severe injury or death. Finally, constitute the joint crime. When the result of severe injury or death happens, it should be guided by the theory of the joint crime's process, and classify some sorts of the conversing extent of joint crime. 1. In the process of affray, when the joint crime has formed, if it doesn't occur to the result of severe injury or death, should be punished according to the crime of affray, if does, convert it. The person doesn't have the subjective situation of affray can't be convicted as conversion, if his behaviour has constituted other kinds of crime, convicted directly as others'. 2. In the process of affray, when single intent is constituted, the person should be responsible to his behaviour out of the joint criminal intent, and others, even the ringleader should not be convicted , for lacking it. If the person who takes the action is not clear, the doubtful case is sentenced to be guiltless.Part three is the exposition of the aggravating pattern of affray. The crime of affray is the combination of basic constitution and aggravating constitution. According to the theory of aggravating pattern , classify four kinds of situation , also analyse and summarize the standard of identification and some difficult problem. In the aggravating crime,"times"is the criminal characteristic, and"many times"is taken place in the period of process prescription. The number of people is the main factor, which should be aggravated punishment by the number in each party. Aggravated in the place should be considered the crowded."weapons"means people is willing to use something that is possible or has come to other death or injury."With weapons"means people uses weapons or has showed consciousness about it. To part of weapons, the extent of people with weapons should be judged concretely by whether having conscious contact.