On The Qualitative Of The Random Acts Of Assault

In the criminal legislation, random assault constitute the offense of “randomassault” under the crime of picking a quarrel and making trouble when it’s vile. Butwhen the random assault causing minor injuries, serious injuries or death, it will bethe crime of Intentionally (negligence) for injuries or Intentionally (negligence) fordeath. Because of the similarity and confusion in the subjective and objective betweenthese crimes, the relevant laws and judicial interpretation are not perfect, thefrequency of random assault, the judicial identification of random assault becomes aproblem for the judicial officers. So there must be a qualitative method perfect andreasonable.In criminal law scholars, there are four qualitative method: the theory ofmotivation, the theory of object, the theory of causal, the theory of imaginative joiner.In these theories, the motivation, the object, the causal and the imaginative joiner arefour different qualitative method. But after analysis, in the theory of motivation, theadding of a hooligan motive is not reasonable; there is a big controversy about objectin the theory of object; the understood of ordinary people for the “reason” in thetheory of causal is also different; and the theory of imaginative joiner is on lack ofcriminal law theory, and in the principle of punishment，what’s the felony punishmentwas not mentioned, it was not also think about the vile.After analysis, the theory of imaginative joiner has a certain rationality, but itmust be perfected. First, the principle of subjective and objective perspective shouldbe criminal law theory basis of the imaginative joiner; its feature is one behavioralcontraries to several crimes; the “felony punishment” should judged by the “declaringcriminal says”; when the random assault causing injuries or death，it is vile. Thanunder the guidance of the principle of subjective and objective perspective, wequalitative the random assault accurately combined with subjective intent andobjective behavior. At last, in the common random assault, we should judge therandom assault separately according to the theory of imaginative joiner.