Analysis Of The Crime Of Affray

Affray crime in the judicial practice is a relatively common. Although ourcriminal law and judicial interpretation of crime of affray has a unified standard, butin practice about the crime and the respect such as main body cognizance ofdifferences. This led to similar affray case does not appear the same verdict. Therefore,understanding these differences as well as a reasonable grasp of affray crime relatedelements and the transforming crime forms into judicial practice problems to besolved.This article is about16000words, divided into six parts.The first part, introduction, introduces the background and purpose of writing.The second part, case. Liu Yang affray caused minor injuries, deaths.The third part, the case synopsis. This part of the cases are briefly summarized,Huang Zhou and Lu Zhihua quarrel dispute, Huang Zhou Sui invited Liu Yang et aland Lu Zhihua, Yang Yong et al brawl, during agonistic, Liu Yang holds the knifethorn Yang Yong, Lu Zhihua, Zhang Liang, Lu Zhihua, Zhang Liang and Yang Yongcaused a minor effect of death.The fourth part, the focus of controversy. In the affray in causing the personslight wound, death, directly on the behavior and the primary molecular behaviorshould be how qualitative? The fifth part, legal analysis. This part is the focus of this paper, in view of theproblem which this article must solve this part is divided into three sections,according to the judgment combined with theory of this major controversial issues,the case analysis and discussion, and accurately grasp the definition of the crime ofaffray in various divisions, and puts forward the key problems were discussed. Thispart is mainly on the affray crime concept and constitution of crime of affray, injudicial cognizance of the crime of affray is discussed, including subject, object,subjective and objective aspects and so on four points., mainly for affray crimeanalysis and exposition, affray occurred transformation conditions, China’s legislationon the affray crime prescribed in general terms and the two did not publish relevantauthoritative judicial interpretation. In the practice of affray occurred by transformingthe problem of existence problems, crime of affray occurred in conversion should behow to define.The sixth part, conclusion. Liu Yang on the affray deaths caused by the behaviorshould be the crime of intentional homicide, Huang Zhou Yingding of crime of affray.