Research On The Problem Of The Defiance And Of The Affray Crime

Cause the relative complexity of the type of behavior of the defiance and affray crime, itshould be based on the specific behavior type to confirm the legal interest of the defiance andaffray crime, including of that of “beating others as vile” being the tranquility of personalright and social order; of that of “chasing, intercepting, abusing and threatening others”. beingthe individual’s freedom and reputation in the social public activities; of that of “importunityor any behavior of damaging or occupying public or private possessions” being the tranquilityof social life in terms of possession; of that of “creating and disturbance in public” being thestatus of the social public order.The behavior types of the defiance and affray crime include:(1) Beating others as vile.(2) Chasing, intercepting, abusing and threatening others.(3) Importunity or any behavior ofdamaging or occupying public or private property, if the circumstances are serious.(4)Creating disturbances in a public place, thus causing serious disorder in such place."Serious"is defined from two aspects, the one is the number of this kind of behavior and amount ofpublic or private property, and the other is the consequence.“Causing serious disorder inpublic places” refers to the public order being badly damaged and confusion, even with theloss of life, etc. The affray crime aggravating circumstances include:(1) Gathered others,namely gathered others conspiring or abetting to implement in advance;(2) Implementing thebehavior of the preceding paragraph for many times, that is more than three times.(3)Causing public places severe confusion, namely the chaos plaguing order in the public placesor the nervous public security order. There are many troubles and people are in panic. people’snormal life and work order is affected.We should be persevere in the direct intentional crime in the foundation of the form ofthe primary responsibility of the defiance and affray crime, furthermore we should bepersevere in the theory of the existing of the criminal motivation whereas there are varieties ofthe motive forms, we can not be restricted to one special motivation. It is not only lack ofpractical meaning but also short of legislative authority in the judicial judgment of the defiance and affray crime and other relative crimes through the existing possibility of roguemotivation as traditional standard to distinguish crime and the relative crimes, and it shouldbe analyze the relationship between the defiance and affray crime and the relative crimescombining the theory of quantity of crime of imagining competitive and cooperativerelationship. It is worth to investigate the issue of confirmation of responsibility of surplusbehavior and abettor in the judgment of accomplice of the defiance and affray crime, amongwhich for the person who whip together others, left in the midway, should charge of hisresponsibility; for the person who attend but non-surplus behavior, it has the possibility tocharge his responsibility and element of cognition of criminal intention as well as thecognition is reconcilable with the result of the requirement of the constitution of a crime andthe abettor of the defiance and affray indicate to the person who practice the behavior ofdefiance and affray with instigating others should be charge of his criminal responsibility ofinstigating others.