The Controversial Study On Crime Of Affray

In the judicial process of definition, there have lots of different on opinions on the crime of Affray, Focusing on all aspects of this criminal composition is never stopping, Before further analyzes and explains of these differences, finding the root causes of the differences and the real essence of the issue is the key to solve this problem.Full text is divided into four parts together, about 30000 words.Part I, Brings forward a problem. Through compareing Supreme People's Courts judicial idea difference about the crime of affray Between Jiangsu, Zhejiang and Shanghai, combining with theoretical debate on the main focus of this crime issue, suggests that in the basic constitution of the crime of affray whether the determination of the object crime, or on the objective side of the analytic or is it the answer to crime patterns, all are closely around a central issue-the nature analysis and position of mob. How to accurately grasp and define the mob is the answer to the question about the theory of the essence of the differences, but also to explore the biggest premise of affray.Part II, Mob nature of problem. There are three kinds different perspectives about defintion the nature of mob:"behavioral theory","situational theory"., and "intermediate satate of the mob". The former is divided into the implementation of acts and preparatory acts (means behavior) said. According to the article, the crime of affray belongs to mob crime, mob should be a necessary important element of this objective crime aspect, and its ultimate result is reflected the state with many people getting together。So, mob should be recognized as a objective, external in the situation or the state。that is, the perpetrator or because drawing together by the major culprit or other contingencies, gather together to form a common behavior that can be external and objective state.Part III, Research on the main mob bodies. Standards identified in the numbers, both from a quantitative point of view, to three for the public, but also needs to grasp the qualitative aspect, considering the factors that the case is whether dangerous to social security administration order. Whether the numbers above three people being demanded by both sides, should be based on the formation of a fight or confrontation of beginning fighting as a criterion. When both fighting sides arrive fight location. the number above three should be understood as the total number of both sides, otherwise, required for the unilateral, The main body being member of what three people contains adheres to the implementation of behavior-fighting acts as the center and the object as a reference, fact-based evaluation of identification methods, as long as having the act of fight or acts of people's behavior increasing a power boosting the morale's in the scene should be as the main body.PartⅣ, Discussion on other issues. This section analyzes the object of problems, motivation problems and fight the issue deliberately. In the object, advocates the "social security management order," this simple object perspective; In the analysis of motive, pointing out the substance of negative and affirm in interpretation of the law is having diffrerent focus of attention; in the analysis whether needs motivation as a convicted conditions, we should consider the unity of the legal effect and social effect, the combination of between the law and the realities。the constituent elements of the motive as it is this embodiment; In the fight deliberately issue, the article advocates duality of subjective is just a statement for the object and is not intentionally subjective elements of this crime of intentional content.