| The crime of creating disturbances, as a kind of crime derived from The CriminalLaw of1979, is a common crime in judicial practice. China’s judicial practice, in it thereare a lot of difficulties, mainly in the affray crime and non-crime, this crime and othercrime, it is difficult to distinguish, this article from the four aspects of defiance andaffray crime problems carried on the discussion and the research, aims to understandand correctly define the defiance and affray crime, combined with the basic principle ofcriminal law and the subjective and objective consistent with the theory correctly drawthe defiance and affray crime and crime with approximate boundaries, to solve thiscrime in the judicial practice of some common problems, combined with the criminallaw amendment (eight) some of the new rules, the paper puts forward some feasiblesuggestions, contribute to the perfection of crime of affray. The full text divides intofour chapters.The first chapter discusses the constitutive elements of crime of affray, and usesyour own ideas for the crime concept. The second chapter of acts of defiance and affraycrime types of judicial identification. The third chapter of acts of defiance and affraycrime this crime and other related crimes are analyzed. The fourth chapter discusses thelegislative defect of crime of affray, and combined with the criminal law amendment(eight) of defiance and affray crime legislation perfect suggestion. |
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