On The Transformation Of Affray

Affray crime is punished by criminal law of our country ’s propertyis bad group of agonistic behavior, the conviction and sentencing ofcomplexity is not by the criminal law adopts a simple counts form caninclude. In the affray in serious injuries or death, transformation,although according to the" PRC Criminal Law"292nd paragraph2to the crimeof intentional injury, intentional homicide crime to be punished. But intheory for affray crime belongs to the transforming crime provided orimaginative joinder of offenses, controversy also hard to wait and see,in the practice of affray crime. The main scope, active participants inthe transformation of the status problems are also difficult to decide.In this paper the author through examples of layers of analysis, combinedwith the concept of transformation crime, crime of affray transformationtheoretical differences, affray convicted of objective conditions,characteristics and significance of affray conviction problem of premiseof theory and practice exploration. In view of affray affray crime is basedon appeared in death, serious results, the author in this paper will notspend too much text of affray convicted the objective aspect, but choosein the practice of affray conviction controversial subjective culpability,scope of the main body are analyzed, then the subjectivity and objectivitycontact for affray conviction of the law on the correct application of judicial practice, in order to provide valuable reference.The full text is divided into four parts, the first part about affrayconvicted the premise question, relates to the concept of transformationcrime of affray, transformation of theoretical disputes and affrayconvicted objective premise condition and characteristics and practicalsignificance of. In lucid conversion makes the theory of criminal lawproblems, to further explore the Academy for this provision is transformedcriminal convictions, or legal fiction, imaginative joinder of issue. Thelast of affray objective premise condition, as well as the characteristicsof crime in the criminal law stipulated affray caused serious injury ordeath into the crime of intentional injury or intentional homicidesignificance.Third part is written about analysis and identification of affraycrime of. In this part the first examples of affray convicted thesubjective transgression against controversial as well as in the affrayintentionally has its specific content; after analysis of affraypremeditated content, during agonistic subjective status should be howto judge; in the event of injury, death finally solve the serious results,on the basis of the perpetrator objective behavior embodied by sin, andhow to grasp the affray convicted of subjective crime problems.The third part is about the affray convicted the scope of subjects.In this part, the author discusses the affray conviction about the scopeof subject of disagreement, and the advantages and disadvantages of thesetwo kinds of viewpoints. Finally, on the basis of the existing evidenceanalysis in whether you can identify the direct perpetrators under thepremise of the divided situation of judicial practice of affray convictionsubject to grasp the scope of discussion, after over14years of age under16years of age behavior in the affray conviction for what the status ofthe problem. Fourth at the conclusion of the first three chapters of the affrayconviction problem of premise subject range, and subjective fault on thebasis of the combination of subjective and objective, cited the case toillustrate the affray conviction standards of application of law.