Research On Judicial Discretion Of Affray

In accordance with the provisions of Article 292,exisiting criminal law, affray is simply defined as a crime, which leads a lot of different opinions on definition, characteristic, criminal form among the circles of criminal law professionals,and criminal law practice departments.This thesis,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 author analysis some theory problem , such as, legislative spirt, concept, composing .etc, from the angle of fundamental theory and judicial practice.In addition, the thesis explains theoretical origin of definition of affray, some forms of affray, converted condemnation and so on.Finally, the thesis pays more attention to application for measurement of punishment connected with some legal factors and factors at judicial discretion, which is trying to find a way of perfecting legal penalties on affray.