Legal Analysis On The Affray Case Committed By Ni Yigang

Stipulated in Section1, Chapter6of the Criminal Law of PRC, the crime of Affray is a kind of crime of disrupting public order. Current legislation and legal interpretation are too simple for this crime. However, the affray crime happens from time to time, and it seems to be very complicated in aspects of behaviors of this crime. For example, it is great controversy on the judicial determination for the intentional content of its subjective aspects, and the scholars also have many different opinions among the distinction and transformation of the crime and of intentional injury crime. Therefore, it is difficult to grasp and operate for the judicial staff in specific cases. In the judicial process of definition, it is a controversial crime. The analysis and discussion of the controversial issues of the crime can help to guide the judicial practice, and lay the theoretical basis for the accurate conviction and sentence. Based on the affray case of Ni Yigang, and combining with the controversial issues in the case and the theoretical knowledge, this paper gives specific analysis and the writer’s opinion.The first part of this paper mainly described the case and court processing result, and then puts forward the controversial focuses in the processing of this case, such as whether it constitutes a crime of affray with unilateral affray deliberate; the transformation of the Crime of Affray and the Crime of Intentional Injury in this case.The second part of this paper mainly discusses the legal issues related to the case, including the intentional content of its subjective aspects of affray crime, the conversion of Crime of Affray and Crime of Intentional Injury crime, and etc.The third part of this paper mainly discusses the relevant legal problems of the case, including the distinction between intentional injury and affray crime, the legal effect and social effect.