Research On Transformation Crime Of Affray

In today’s society, with the highly developed market economy, the common andmultiple affrays sin, has serious social harmfulness. Not only did it seriously disruptthe social public order, but also, at the same time, it affected the development ofChina’s social stability. If not effectively and timely stop these criminal deeds, it islikely to evolve into "underworld organization", etc. At the same time, in practice, thecase is very similar but the judgment results are also very common.There are provisions in article1979of the penal code in1979:"affrays, provokeand insult women or other activities rogue, disrupt public order, if the circumstancesare flagrant, it shall be sentenced to fixed-term imprisonment of not more than sevenyears, criminal detention or public surveillance. The fixed-term imprisonment is notless than seven years." It is not hard to find that, affrays sin is from a new charge.Penal code in1979abolished the hooliganism, and decompose reasonably in order to"coercive indecency and insulting women","affrays sin","stir-up-trouble crime" and"group licentiousness". This paper by using the theory of criminal law, such as a jointcrime, through the analysis of typical related cases, affrays transformation is to beconvicted of subjective fault recognition, the ringleaders and active participants in thetransformation and for relative criminal responsibility age person affraystransformation and other issues for discussion.For affrays by the typical cases of conviction, can be more in-depth expansionfor affrays transformation and conviction of sin, and through the analysis of thesubjective and objective conditions and combined with the subjective and objectiveprinciple of boundary delimitation, for affrays sin cannot simply blame objectiveresult, subjective intentional changes, also should consider two aspects combined withbetter for affrays conviction of sin. Transformation of the main responsibility fordiscussion and academia widespread controversy, to be able to find it out directly to harm a person, it can’t find out and meet the requirements of joint crime constitute thecommon behavior person responsibility main body into the three cases analysis whichhas the vital role. The whole case said that the doctrinal widespread controversy, tofurther explore the research into the subject scope has guiding significance. Inaddition, in recent years the minors affrays cases of serious injury or death on peoplealso emerge in endlessly, for relative criminal responsibility age people affraystransformation and conviction of sin, standards are worthy of our in-depth discussion.In view of this, this article through the case analysis, the method of transformation ofaffrays sin and condemnation is analyzed and discussed.