Determination On The Crime Of Affray

Affray crime is common practice in multiple of a crime, in the practice that there are alot of difficult problems, the criminal law amendment (eight) which counts were revised andimproved, but for this crime, subjective elements, objective performance and other aspectsremains controversial, and the crime of intentional injury and other charges exist betweencross the overlapping phenomenon, the author chooses the real case of defiance and affraycrime issues to analysis, aims to clear the crime awareness.This paper is divided into four parts, the full text is about17500words.The first part introduces the case statement, the controversial point of view and to berefined, in this case there are four controversial issues, including the case of qualitativeunderstanding, crime, crime number dispute and sentencing differences of opinion, combinedwith the court’s decision to restore the practice in dealing with the case.The second part is the focus of this paper, for the first part of the focus of disputes withlegal knowledge analysis, this part includes four aspects, the first show of defiance and affraycrime, separately from the form of defiance and affray crime subjective aspect, the object,objective aspects of analysis, the author discusses the subjective aspect of the crime of affraywhich contains direct intent also include indirect intention, the criminal object is the socialpublic order, the objective behavior, the author mainly aims at what is "free"," serious" and other controversial word analysis. Second aspects of the author from the disputed charges ofcriminal proof, discusses the defiance and affray crime and organization, leadership, joinedthe crime syndicate and crime of intentional injury difference, thus obtains the defendantconstitutes the conclusion of defiance and affray crime. The third part of this case constituteaffray crime a crime or constitute affray crime and crime of intentional damage to propertycrime problems, the author from the behavior of human intention continuity rather thananother intention of the defendant constitutes a crime of affray crime. The fourth part is thecase the defendant Ni a sentencing range analysis, think Ni a new sentencing law shall applythe provisions of. In this part, the author in the process of legal analysis, with analysis of thecase involved in focus.The third part analyses disagreements came to the conclusions, the author thinks the Niand others constitute a crime of affray crime, Ni a should apply " five years more than tenyears of fixed-term imprisonment" discretionary penalty.The fourth part the author puts forward the defiance and affray crime existing judicialconfusion, including the defiance and affray crime objective behavior extension is too big,judicial interpretations promulgated lag etc, in this puzzle put forward to perfect thecorresponding legislation countermeasure; through comparative study, the typical case ofdefiance and affray crime the analysis, to benefit the judicial practice.