Study On The Crime Of Affray

The crime of affray is stipulated in Article292of the Criminal Law of PRC. ThisArticle provides two sub-articles, setting out the situations of basic constitution ofcrime、aggravated offense and transformed crime. This article attempts to discuss thecrime of affray based on the article of the Criminal Law and in use of criminal lawtheory. First, the object it infringes is simple; the objective respect is a kind of complexbehavior which including assembling a crowd and having a fist; the subject is onlyringleader and protagonist; the subjective respect is direct intention, and the hooligan’smotives are not the document of the crime of affray. Next, the number292(2) ofcriminal law is transformation situation, but the applying to it is the unification ofprerequisite、subject and objective、subjective respect. Again, the article inquires therelationship of the crime of affray and common crime. Finally, the crime pattern ofaffray is also discussed.