The Research For The Crime Of Affray

The crime of affray is stipulated in Article 292 of Section 1,Chapter 6 of the Criminal Law of PRC.This Article provides two sub-articles, setting out the situations for basic constitution of crime and aggravated offense and transformed crime.In legal practice, this crime is a kind of frequent and common crime, which usually seriously harasses the pubic order and causes huge damages to the order of administration for social security. Since this crime seems to be very complicated in respect of its behaviors, a lot of judicial official at frontline fail to apply this Article accurately and even apply the wrong Article for this crime. In order to clarify and correct those wrong understanding and apply correct Article, the author is hereby analyzing the difficult issues existing in theory and practice and makes his own conclusion thereon and expects, to certain extent, it could be helpful to the judicial practice.This thesis comprises five parts which respectively study the constitutive elements of this crime, the situations for aggravated offense, and the differentiation between this crime and the others. Besides the above, it also discusses the transformed modality, uncompleted modality of the crime of affray as well as the issues regarding incidental civil action.