The Analysis On The Transforming Offense In The Crime Of Array

With the huge change of China’s society and economy after the reform and opening up, the crime of hooliganism has no longer adapted to the social development. Therefore, in order to maintain the social stability and ensure the safety of personal life and property, the crime of affray was made as the new article of the1997’s criminal law. In recent years, the affray crime has been trended to the high incidence. The affray crime is with the multiple criminal objects, which not only prosecutes the public life and property, but also interfered the order of society.Among scholars, there are lots of debates on the transforming offense of crime of affray. Yet there has been no final conclusion about the character of the2n Paragraph of292in criminal law, which is defined as the law fiction or caution regulation. The various verdicts are caused by controversies about the character of law.Base on the theory of criminal law, taking the Zhanghua case of causing death in the affray crime as an example,the paper engages in the analysis of transforming offense with different ways.Paper are composed of three main sections:The first section:the brief introduction of case and judgment. Refining the arguing point from the judgmentThe second section:analysis on defendant’s behavior with criminal theoryThe third section:proposing for improvements which bases on the arguing points...