Some Issues On The Crime Of Affray In China

The crime of affray is a more common practice of China’s criminal justice a mob crime, criminaljustice finds and practical handling of the complexity of the problems. There is no uniform identificationstandard, into committed many of the details of the Criminal Law on the affray to lead criminal law. Manyof these issues have been aware of different judicial standards and the referee there is a greater difference.Although the individual provinces, municipalities and the judiciary issued the guidance of some of theaffray, but limited to its authority, the systematic difference, limitations and other reasons, can notfundamentally solve the affray in the theory and practice exist a series of difficult problems. The affraytheories focus from a combination of theory and practice level, has launched a more in-depth discussion ona number of issues that exist in the crime of affray. In addition to the introduction and conclusion, isdivided into four main parts.The first part, first proposed the theory of boundary definition for the crime of affray disputes,summarize, summarized, the paper argues that definition. Subsequently, the evolution process of the crimeof affray and sources, and pin the crime to constitute the elements of controversial issues On theDetermination of the Subject of the crime should be refined to distinguish between, and set different legalpunishment to be convicted, respectively, perfect views of sentencing.The second part focuses on the four statutory aggravating circumstances of the crime of affray,respectively, from the number of aggravated form, the main aggravating form, location add to the form andmethods to increase the form of four aspects Expand described."The number of identified and proposedto three times the standard boundaries; number identification, to fight both the number of10man-mademeasure;" armed "aggravating circumstances, the behavior if there armed subjective intent, as well as theperpetrator subjectively, whether knowingly associates have armed the "armed" as to whether the identifiedstandards. Finally, combined with the conversion of the main judicial practice difficult to divide theadditional recommendations of statutory aggravating circumstances, it is recommended that was nosubjective intent of the transformation of other activists, to the aggravating circumstances to be thesentencing penalties. The third part starting from the three perspectives, a more comprehensive analysis of thetransformation of the crime of affray. First, the conversion provisions of the crime of affray should belongto the pro forma provisions of, or pay attention to the provisions of the controversy of the clause should payattention to the provisions of a few reasons. Then the conditions of the conversion from crime andconsummated state two factors to consider, compared to other conversion crime, the conversion of theparticularity of the crime of affray. Finally, start from the conversion of the main identified the ringleader ofthe conversion of other actively participate in the transformation of persons, and caused by different peopleseriously injured, death, transformation of the main defined, and an overview of each should bear thecorresponding legal responsibility.The fourth part discusses the crime of affray in the judicial determination of complex and difficultproblems. Combination of legal interpretation and practical problems, from crime or crime number, theexistence of self-defense, and other relevant charges, the difference between a simple analysis, to clarify theoffense in the judicial practice of some existing problem.