Affray Caused Serious Injury Or Death Of A Number Of Research Questions

There are many pitfalls of the second paragraph of article two hundred and ninety-two of Criminal law in academic understanding, mainly because of not to really grasp the essence characteristics of this crime. In my opinion, it should be from the perspective of normative interpretation, combined with the legislative purpose and related criminal law theory, to further clarify the controversial problem in the process of the clause is used, it is the courage to make a point of the original intention. Apply this clause is the premise of accurately grasping the components of the gang war crimes. For the terms of the applicable controversial issues, This article insists that:1. Item2, article two hundred and ninety-two of the criminal law is the legal fiction rather than the provision of attention; therefore in the affray process, regardless of the perpetrator subjective intentionally or negligently, as long as there is objectively led to the emergence of serious injury or death results, shall be deemed for the crime of intentional injury, intentional homicide. In view of the special nature of affray, according to the responsibility principle, the range of responsibility for causing serious injury or death should limited to direct the virulence and the ringleaders; other participants, can not prove cause and effect with the results of casualties relationship, should not be transformed. In the case of direct perpetrators can not be identified, and it is not identified for all brawl for intentional homicide, intentional assault, only the ringleaders of the two sides is responsible for the results of casualties; intentional homicide of the maximum penalty for which is death, the application of the death penalty should be careful, the application of the death penalty should not be the responsibility of two or more people for one injuries and deaths. Affrays causing serious injury, death into intentional homicide, intentional injury, the object of conduct are not limited to brawl counterparty, fight behavior that causes serious injury or death in members of his own should also be identified for intentional injury, intentional homicide; To an outsider casualties, be governed by the provisions of paragraph2of article two hundred and ninety-two of criminal law; But the actor in the process of fighting another means rea and intentionally hurt or kill innocent an outsider, directly according to the criminal law article two hundred and thirty-two, article two hundred and thirty-four convicted and punished, to constitute the crime of affray multiple crimes.4. As serious injury or death results in affray, the virulence and the ringleaders directly to transformed of intentional homicide and intentional assault, other general participants constitute the crime of affray convicted and punished the crime of affray; Results both injured and death results in the affray, is caused by two behaviors, in line with the number of two crime, should be graft and both to assume intentional homicide and intentional injury; but the damage is caused due to an act of one person, this time from a heavy punishment in accordance with the imagination competing.