Study On The Problems Of The Crime Of Affray

From the revised penal code came into effect, affray become a multiple crimes,as the number of people involved, seriously disturbed social order. Involved in theemerging crime problems, undoubtedly, affray become a new focus of the theory andpractice of criminal justice. For this crime, the current legislation and its interpretationseems too simple words, and hard to operating. Belongs the theoretical studies alsoshow some lag, unable to meet the needs of criminal justice practice. In the judicialpractice, there are lot of controversy about unilateral mob of affray, aggravatingcircumstances in the armed problem, and committing the crime and other issues,which directly impact on the criminal nature of the identified. Therefore, the issue ofwhat is affray must be discussed, determined to find out the universal standard.Part1: author introduced the case cause of action.Part2: describe the case of Chen who affrayed, and caused the death by Zhao.Part3:raised the focus of controversy of this case, these are the scholars unilateralmob, armed issues, as well as the transformation of the divergent views of the crimeproblem.Part4:author based on legal analysis and practical application, that the crime ofaffray is a fighting behavior which based on illegal win mentality, the number of theparty at least three or more, and disrupt the management of social order seriously.Moreover, This crime just evaluate one party behavior, does not require the two sidesreached three or more, and has a fight deliberately, therefore, unilaterally mayconstitute the crime of affray. But when there comes a serious injury or deathconsequences, we can not simply converse all or part, we should based on the specificcircumstances of the case, in accordance with the essential characteristics of the crime,and refer to the tort liability of the civil division principle, points judgment.Meanwhile, the identification of the armed fight, should be strictly limited to "arm"range, nor only emphasize the behavior subjectively for a crime, to carry the items, but also emphasize that the items must combined with human that can create thepossibility of serious injury or death,and the arm is a portable hard goods.Part5: by the preceding analysis, combining with case, we draw the treatmentadvice of the case.part6: Comprehensive the full text, the author obtained three inspirations of thelegislative: First of all, improve the concept of this crime, highlight the illegal purposeto win; Secondly, the refinement the committed of this crime, when it comes toidentify the transforming subject, we can refer to the tort law; Finally, strict theidentified range of the armed fight, and strengthen the common inspection betweensubjective aspect and objective aspect.