The Offense Of Affray

The crime of affray 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 , and the non-public order what relying on the law and social ethics to establish . The objective respect is shown as the behavior of having a fist fight and implemented together in the form of many people, it is a kind of complex behavior: Assembling a crowd behavior and having a fist fight behavior are the important document of the crime of affray, none can be dispensed with. According to the regulation of criminal law, the crime of affray can only be formed by ringleader and protagonist, to assert ringleader depends on the functions he played in the crime, and asserting the protagonist should consider implementing the size of role in the crime of affray and too that the subjective malignant. The punishment to ringleader and protagonist also need to distinguish primary and secondary function among the crime of affray, differentiate punishment. The subjective respect of the crime of affray not merely requires there should be the one side that had a fist fight on purpose , but also requires the other side to have the same purpose. According to the regulation in criminal law 1997, the crime of affray is the behavior crime, and not the plot crime in hooligan's crime of criminal law stipulated in 1979, so, whether the actor has hooligan's motives is not the important document of the crime of affray.In aggravation of the crime of affray, " once " should establ ish a guilty one as the ringleader or the protagonist at least in " numerous group affray ", others don not demand so, and only as measurement of penalty just for plot, mainly it reflect the subjective and malignant to aggravate the punishment. "The crime of affray is much in number of people, the scale is great, the socialinfluence is abominable ", means the number of participant should in ten 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 ", besides considering the place factor , and also the crowd/ s factor . In " holding tool instrument to affray ", " tool instrument " refer to instrument which the actor intends to use and cause others dead and wounded. "Holding the tool instrument " refers to actors intends to use " tool instrument " and exposing it outside.The crime of affray is turned into the injury, crime of homicide on purpose except that there should be result of severely injured , death, still require actors to know to this result to some extent. Should transform and declare the ringleader guilty, depend on concrete conditions : Cause people to be severely injured , result of death whether ringleader object to and is it prevent from to define sedulously, the ringleader should not transform and declare guilty. The actor who do not satisfy the subject terms can't transform declaring guilty : Commit his guilty declaring the measurement of penalty guilty with his crime directly in its behavior. The suspect who have been taken compulsory measure and grasped the judicial authority, the ones that state the judicial authority and has not grasped yet are by the injury or the crime of kill on purpose, it is declared guilty with his crime because legislators express regulations, but the legal punishment one is used , should regard as and give oneself up .The difference between one side affray and folk prescription of group affray is: The former is made by the behavior; The latter is made by the plot, have demand " of a serious nature ". Whether commit the crime of affray or the explode when using exploder as the weapons, besides regarding result of ones that cause (severely injured, death ) as the basis of judging, still depends on the crime places implemented and target range that may be jeopardized. The difference among the crime of affray, crime of disrupting civilorder of assembling a crowd , disrupting the order of public place , traffic order is that: Targets who the former punishes are ringleader and protagonist, and then the two are only ringleaders; The former can only implement by way of violence, the last two can adopt the nonviolent way. The differences between the crime of affray and demarcation line of organizing , leading, participating in the underworld with guilty nature are mainly: The former does not regard specific , long-term politics , economic benefits as the goal , the structure is comparatively loose , do not form the catch net ; And the latter is just opposite.Through the research into the crime of affray, I think certain contradiction exists between the concepts in " complicity " and " essential complicity ", propose not using again. Because criminal law assembles a crowd kinds of crime in a large amount, so criminal law general provisions should make sense of principle regulation to crime commited by assembled crowds, especially to the definition of "protagonist", there should be basis legislated to have.