The Objective Elements Of The Defiance And Affray Crime

Defiance and affray is a common crime in judicial practice, the recognition ofarbitrariness and some other plots related to crime or non-crime become tangled problems,and since it’s a crime of four behavior types, with coincidence of Legal interestinfringement with mayhems, extortion robbery, Vandalism and other crimes, it’s difficult tomake a difference which cause the point of abolishing the crime. With analysis of theconstitutive elements, we may find its key point is to grasp the objective element. Thisessay attempts to analyze the objective element to find the solution of the theoretical andpractical problems.Text of this paper consists of four parts: the first part focuses on two controversialelements in the theory and practice: the behavior setting of and randomness; the secondpart specifically analyze four behavior types the crime of and the relationship betweenthem; the third part research the function of the crime in criminal law system, todistinguish it from other crimes; the final part reflects, whether the offense should beabolished and made a response of the perfection of the crime.