On Related Issues Of The Transformation Of Affray Crime

The transformation of affray crime is a kind of transforming crime. Althoughthe China’s criminal law scholars have studied on transforming crime for many years,we don’t get a unified view in many aspects, such as the concept and the nature ofthe transforming crime and the conditions of transformation. Not to mention thein-depth study on the transformation of affray crime. The author thinks that thetransformation of affray crime not only has the common characteristic oftransforming crime but also has its own special characteristics. The transformation ofaffray crime has distinctive characteristics: large number of participants and complexsituations. All of the characteristics make it hard to identify the causality between theperpetrator and harmful results and to determine the scope of the subject oftransformation. We need to address these problems.This article has four chapters with a total of39,000words.The first chapter introduces the recent research, the concept and the nature ofthe transformation of affray crime. There is a little research on the transformation ofaffray crime, but we met a lot difficulty in solving similar cases. So it is necessary tohave a research on the transformation of affray crime. This article hold a point ofview that the transformation of affray crime has three basic characteristics which arethe common nature between transforming crime and the transformation of affray crime. At the same time, the transformation of affray crime has its own specialcharacteristics. It has two different transforming mode: one is transforming from oneconstitution of a crime to another, one is transforming from one accusation to another.The author proposed the concept of the transformation of affray crime, basing on theprevious discussion.The second chapter focus on the transformation conditions. This article holdsthat the conditions have two aspects, which includes subjective aspect and objectiveaspect. On the objective aspects, the behavior conduct must constitute the crime ofaffray and cause a occurrence of serious injury or death results. On the subjectiveaspect, the behavior makes the emergence of serious injury or death results withnegligence or intention.The third chapter discuss the subject and object involved in the crime. There arethree main regard: the subject of causing serious injury and death, the subject oftransformation and the objective of causing serious injury and death.The fourth chapter analysis of confess crime in the affray. This article thinksthat it should be identified as confess if the behavior his conduct of causing seriousinjury or death in the affray that the public security organs not yet mastered.