Practical Research On The Crime Of Affray

Offence against public order reveals the characteristic that crime of affray offend the social relationship protected by our national law,the public order includes the order in the public places as well as the one in non-public spots which is maintained by regulations of public life established under the laws and social public virtues. Either party of the crime of affray must be more than 3 symbolized with villain characteristic of gathering in a crowd to engage in an affray with the inappropriate motive of revenge,ventage of one's anger and contention for hegemony. The crime of affray can only be constituted with direct intention .Chief of most important elements is defined as the organizer,plotter,musterer and director of the crowd ;active particpant as one who plays a principal role or directly causes death,injury of a person in a affray. It does little difference between principal and accessory. Only when conducting criminals set to practice the affray,the accomplished offence of the conduct of the organizer will be constituted,otherwise against the converted criminal of the crime the sanction of more serious kind should be imposed according to the specific circumstance. If the participants of either party more than 10,the aggravated punishment,in other word,large number and scale as well as odious social effect,will be applied. During the course of an affray,offence of intentional killing can only be determined if the death and serious injury both happens,"carrying arms" means taking along and using the constitutive elements of use,"plot" as one of the constitutive elements of the crime of affray. Affray of anindividual party differs from the crime of trying to pick a quarrel on intention and motive. Offence of the intentional killing and explosion will be inflicted if the explosive substance used as arms causes others,death in an affray.