Affray The Transformation Range Study Of The Subject Of The Crime

With the development of market economy, diversification of interests and means of distribution, leading to increasingly intensified social conflicts, some violent groups, criminal gangs to feisty, occupied the site, often gathered crowd to cause trouble, affray, intentionally harm or kill and other criminal activities, seriously disrupting social order, affecting the social stability and development. This paper selected a common judicial practice of one count of affray case to start, through case analysis form the main body of the affray an active participant in the identification process and in the affray, causing serious injury when the process of how the criminalization of the main research and analysis carried out, and put forward their own point of view.This paper is divided into four parts, about fifteen thousand words.Part I: Introduction case. These include: cause of action, the basic situation of the case, the court shall ascertain the facts of the case after the trial, the court of first instance verdict, the appellant appeals against first instance decision and the reasons for Sichuan Nanchong City Intermediate People's Court's final verdict and reasons.Part II: the focus of the case. According to the appellant's grounds of appeal and the court to make a final ruling of the reasons, summed up the focus of the case there are two: First, an active participant in the crime of affray identification; the second is the process of affray after the ringleaders causing serious injury and how the conviction should be active participantsPart III: controversies and differences of opinion. focus around two case put forward different views and opinions: (a) the affray of the main active participant in defining the point of view there are three: 1.Perpetrator on the role of objective behavior; 2.acts on the subjective degree of malignancy ; 3.actors in the degree of determinism. (b) causing serious injury on the affray conviction into the main body to define the scope of view there are five: 1. set into both sides fight the crime of intentional injury; 2.Harm the primary side and an active participant in all elements set into the crime of intentional injury; 3.harm and common perpetrators party primary elements set into the crime of intentional injury; 4.into a common set of intentional assault perpetrators; 5.are not transformed into a conviction.Part IV: conclusions of the study. In this section, mainly to the theoretical knowledge and practice in the specific operation, the draw this conclusion on the case study. Guilty of affray by the transformation of concepts, principles and nature of the legislative analysis of theoretical issues and then discuss the conclusion of these two focal issues: (a) gather together to fight crime on the problem of identification of the active participants concluded, is to grasp the main identified The standard that the perpetrator's subjective degree of malignancy and the role of objective behavior combination of both subjective and objective behavior of malignant large role played by large can be identified as active participants. Thus concluded that the case Pubing, Qinmou, Wangyi, Tangmou four should not be recognized as active participants. (b) The process of affray causing serious injury conviction question on how the main conclusions, mainly through analyzing primary elements and other active participants into the standard, that is, unless the primary elements to take effective measures to prevent the perpetrator should be conversion to cause serious injury or conviction, while the other must be an active participant with the perpetrators have intentionally causing serious injury to the joint establishment of a common criminal and then place into a conviction. Under this standard, the case was caused during the affray, the results others seriously injured but can not identify directly the virulence of people together to identify the perpetrators of the case, the paper reached the following four conclusions: 1.The whole case into the case should not be; 2. Ringleader Luomou, Wangjia, Mingmou that should be transformed into a set of intentional assault; 3.Other active participants Goujia, Tanmou, Poyi set affray; 4.Hurt people together Yi jia, Pojia, Liumou, Lumou set affray. This conclusion is not recognized as a common offender in this case into a conviction, result in serious injury and the causal relationship between the results of a certain person is not liable for the results, which raises another issue that is in the process of Affray Aggravated Criminal legislation feasible of analysis, the last of the "Chinese names Republic of the Criminal Code," Article 292 of the legislative recommendations for change.