On The Crime Of Gathering Assault

The crime of gathering assault resolved from the crime of hooligan in criminal law since 1979, it was the model of the crime of disrupting public order. The object it infringes not merely includes the order of public place order but also the non-public place order what relying on the law and social ethics to establish. The objective respect is a kind of complex behavior: assembling a crowd behavior and having a fist fight behavior, it shown as the behavior of having a fist fight and implemented together in the form of many people. According to the criminal law, the crime of gathering assault is generally main body, and the punishment only give to ringleader and protagonist. We also should distinguish primary and secondary function among the crime of gathering assault. The subjective respect of the crime of gathering assault is direct intention, and the hooligan's motives are not the document of the crime of gathering assault.The number 292(2) of criminal law is transformation situation. The reason of transformation is the unification of objective and subjective respect. The scale of "people" should limited, in necessary we can use "objective beyond elements" theory to resolve it. Actor should know the result of dead and seriously wounded to some extent. The actor who should suit the transformation situation is have direct cause relation between behavior and result of dead and seriously wounded.On the judicial appliance of gathering assault, should distinguish crime and non-crime, similar crime. In aggravation of the crime of gathering assault, "several times' gathering assault" require at least "three times", and "once" among numerous group assault should satisfy the condition of crime of gathering assault. "The crime of gathering assault in many people, the scale is great, the social influence is abominable", means the number of participant should in many people above, involves many places, duration is long, cause the local terrified atmosphere. "In the public place or traffic main artery, cause the civil order to be confused seriously", put more attention on time and place, so should precisely understanding public place and traffic main artery. In "holding tool instrument to gathering assault", "tool instrument" refer to instrument which can cause others dead and wounded. "Holding" refer to realistic grab. We should combine the subjective respect to decide the actor who should suit this aggravation situation. We also should concern multiplicity of offences.