Patterns Of Crime Of The Crime Of Affray

This paper, bases from a case of the crime of affray, and the concrete analysis of thecrime of affray, due connotation, and the crime of components in conformity theorydistinction; Then based on the theory of crime form carding draw this case processingconclusion, in order to pass the case analysis to gang war to sin, accomplished the standardthat provide a beneficial reference.This paper is divided into the following four parts:The first part，introduces the nature of the case. Yuan, Chou they could meet after thefight, the two sides invited positively. When both sides invited lots of gangs, carrying guns,choppers and other weapons across the highway confrontation, Yuan see both sides matins thesame strength, worried about a affray, forced to give up and ask gangs to bring together, thenthe others bring together, the two sides retreated from this site.The second part，summarizes the dispute viewpoints of the case and the focus of thedispute. The focus of the disputes mainly lies in the actor at the appointed site gathered andconfrontation, but not the actual fighting behavior, their criminal form on earth for preparation,accomplished, failed, or suspended? This, the triggered the crime of affray is a single behaviormade or composite behavior crime, whether the attempted a form, how to determine thestandard of preparation, set about and accomplished, how to determine the problems such asautomatism who discontinues a crime.The third part is the legal analysis of the dispute focus. This part is the core of this paper.From the crime of affray definition of carding clear crime of affray connotation; This paperexpounds the crime of affray in the constitutive requirements conformity theory distinguish,think the crime of affray is behavioral offence, and a single behavior made; The analysis ofour country criminal law about the division of criminal pattern, the related concept of analysis.In the analyzes of disputed focus, the author gives his options on how to deal with them. The fourth part is the conclusion. Through the specific analysis of the dispute focus liesin the case, obtains the crime form who discontinues a crime shall be the conclusion.