Thinking Coming From A Case Of Teenager's Affray

The crime of affray belongs to the section of crimes of endangering the order of social system. But the four facts of the crime of affray, in one hand, cross with facts of other crimes in the same section, in the other hand, the facts of affray, such as beating people at will, importunity of property, also cross with the facts of the crimes such as harm on purpose and robbery which do not belong to this section. All of these overlaps do harms to the differentiating of affray and other relative crimes. This paper tries to clarify improper act in justice practice through analysis of a case on crime of affray, such as inaccurate understanding of the object of the crime, the site of the crime, and at last satisfy the purposes of clarifying the borderline of crime and no-crime, different crimes through the combining of explaining the crime structure, the reasonable location of affray in the system of criminal law. In the same time, provide beneficial advice for the practice of justice and legislation.This paper is divided into three parts:Part 1: the brief introduction of a case of crime of affray committed by ling and his fellows, and the introduction of the disputed focuses, which lays the foundation for the analysis of focuses in the part2.Part 2: this is the most important part of the paper. In this part, the problem of nature of affray is demonstrated from different aspects, such as object of the crime, the site of the crime, the plot of the crime and so on.Part 3: finding the false problems and disputed aspects, in the same time, giving the advices of legislation and justice.