Research On Transforming Convicted Crime Of Affray

Although the educational circles of criminal law for affrays transformation has paid extensive attention and been in-depth research, they have not formed the unified viewpoint of the concept and the transformation conditions for the transforming Crime of Affray. The current "Criminal Law" Article 292, paragraph 2 of the transformation about Crime of Affray is too simplified and there is no clear description of relevant judicial interpretations, so it leads big differences between academic circles and judicial practice on how to transform the situation of victims of casualties’ conviction. It often appears "different codefendant" situation and is not conducive to the unified judicial application. Therefore the author start with the concept, reason and constitutive requirements of affrays transformation, pay attention to the problems existing in the transformation and collect about 103 pieces of related cases which have been sentenced, finding that the same cases handed with quite a mess after comparison and detailed date analysis. Then it is necessary to combine the essence of the constitutive requirements, through the form of case analysis and on the basis of the differences between the particular cases when we want to handle the affrays transformation correctly. As we guarantee the deterrence force and punishment of criminal law, we should also give consideration to modest and restrained principles in order to achieve the purpose of correct conviction and sentencing.This paper is divided into four parts, about 24,000 words.The first part discusses the concept, the transformed criminal reasons and elements of transforming crime of affray. Because the criminal law educational world has a large difference among these three issues of convert affrays of crime, meanwhile the related cases are handled differently in practice. Therefore it is of great realistic significance to analyze and understand the above three problems. Firstly, this section presents the definition disputes of the transformation violates of the theoretical circle, after the summary and induction, claiming that the concept of affray transforming crime refers to the behavior of people in the process of the implementation of the fight, owing to changes of subjective intention, which dominated behavior to serious injury or death results, making the nature of affrays behavior into a more serious injury and murder which has been far beyond the tolerance range of affrays itself. So it should be converted to the crime of intentional injury or intentional homicide crime as punishment. Secondly, this article analyzes the reasons of the affrays transforming crime and carries out analysis and comment for different viewpoints in academic circles, clamming that this clause shall include the transforming crime and the imaginative joiner of offences. Finally, the article bases on the combination of theory and practice, summing up the form of transforming crime should include four essential elements which are the objective facts, acts of affray, the serious results of injury or death and the subjective intent.The second part introduces the infestations of the present condition of affray transforming crime. The criminal law does not clearly define the subject of affray transforming conviction and lack of appropriate judicial interpretation, which leads scholars and the judicial organ to the controversial on how to identify the subject. Based on 103 pieces of classic cases of transformed crime, the article begins with four complex and difficult problems in judicial practice with detailed analysis which refers to the whole or partial transformation of conviction, the two sides or unilaterally of conviction, transformation of the ringleaders, the conviction of the statutory sentencing plot, finding that there is mo uniform standard in the judicial practice.The third part involves a wide range of subjects of affray transforming crime into detailed discussion and analysis. At the same time,It is also a concentrated expression of the views of the author in this article. Due to the academic circles and judicial practice for affray in transforming crime have failed to reach a unified definition standard, we cannot adhere to “make it rigidly uniform “way to handle such problems because of the complex characteristics. On the one hand, when the main body who causing serious injury and death results is not the same, so the main body of the transformed criminal nature will not be the same, too; On the other hand when the injured and the death of the object is not the same, the main body of transformed criminal should be in specific analysis.therefore, this paper combines with different common problems of subject, object and the harmful victim in real life with specific analysis. I hope it can have a great advantage to solve difficult problems in judicial practice.The fourth part is mainly on the suggestions to the legislation problems of the affray transformation. Through the above three parts of the full theory and date demonstration, we put forward four legal suggestions: refining and making a restrictive interpretation of the transformation conditions of causing serious injury; increasing application of imagination joiners of death caused by negligence; establishing the aggravated consequential offence of the directly responsible person; giving heavier punishment to the main body of affray transforming crime. I hope it can provide scientific reference and guide to the judicial practice of the affray transforming conviction which can ensure the judicial justice.