The Identification And Judicial Determination Of Crime Of Affray

As a crime of disrupting the order of social administration offenses, crime of affray has a high rate of exposed cases and does great harm to society as well. Due to current laws being oversimplification, theoretical research remaining relatively stagnant, and the composition of the crime following for some features of crime of hooliganism with a vague description of the count, it has given rise to controversy about the concept of the crime. Trial practice encounter many problems hard to resolve also. Therefore, through study on existing problems in the practice of the trial, this article attempts to put forward relevant recommendations from the perspective of judicial determination on the range of subject of crime and principles of conviction, barrier characteristics of multi-objective composition of the crime, establishment conditions and punishment principles of aggravated circumstances of the crime, and from and scope of transformation of the crime.