On The Act Of Defiance And Affray In The Criminal Law Of China

Behavior of defiance and affray refers to the actors openly implementation of theprovocation, much ado about nothing, nonsense trouble, harassment destruction andviolation of criminal law norms of behavior on the social order. Behavior of defianceand affray of four forms: First, they beat the others, that the act without any controlover any tangible power to be exercised, to cause bodily pain, against the physicalsafety of others; Secondly，chase, intercept, abusive, threatening others, to preventothers to stay, to prevent others from transfer, swearing and threats to frighten others,infringe the freedom and reputation of others; Thirdly，forcibly taking, damaged oroccupied by public or private property, that the use of coercive power against the willof others forced to obtain other people’s property without any control to damage thepossession of public or private property; Fourthly, disturbances in public places, thatpeople in public places use language, manners, etc., hinder not specific to the majorityof human activities. The main difference between the behavior of defiance and affrayin criminal law and general illegal to behavior of defiance and affray is the behaviorextent; they beat the others disturb behavior and intentional injury behavior differ inthe behavior of the implementation of the time, place, tools, objects, etc.; chase,intercept, abusive, threatening others disturb behavior and abusive behavior, illegaldetention of the behavior of the main differ in the content of the act, the object; thedifferent of forcibly taking trouble in behavior and robbery, extortion behavior isbehavior of the time, location, amount of property and violent coercion degree; anydamage or possession of public or private property disturb behavior and intentionaldestruction of property mainly differ in the infringement of legal interests, incriminateconditions, objects; disturbances in public places trouble-making behavior and affraybehavior mainly differ in behavior location, condition of punishment object, as well asincriminating.