The Legal Analysis Of He Qiang Et Al Affray Case

The crime of affray is a common charge in judicial practice, but the current legislation about this crime is too simple theoretical that leads to the different understanding in practice. This paper select a recent incident of affray case that caused some controversy, in order to explore certain legal issues involved in this case. Meanwhile, as the case has also caused a controversy of whether the parties to set up self-defense, so this article also consists some research on self-defense.The first chapter introduced the facts of this case and summed the controversial problems caused by this case.The second chapter amassed the controversial legal issues in this case. First, form the composition of the crime of affray, to explore whether this crime requires rogue motivation, fight willful identified, mob behavior patterns to assault, to meet the conclusion whether the parties offend this crime. Then, from the perspective of self-defense, and to investigate the behavior of people to be prepared in advance and ability to negate its legitimate defense, provocation of defense of self-defense and other issues come to the case whether the parties constitute a legitimate defense conclusion.The third chapter summed conclusions of legal issues in this paper.