Research On Difficult Issues Of The Crime Of Affray

The crime of affray is a crime by the decomposition of hooliganism. There have been some controversial issues since the accusal established in 1997. Although the theoretical circle had formed some common views, there are still many scholars who put forward different opinions. Controversy has never stopped. In the domestic, there have been many researches on difficult problems of the crime of affray. Here, the author hopes that through a form of case analysis, and refines the several problems of affray according to the case. A more in-depth study and discuss these problems, that the number of the subject of the crime of affray, the transformation problem of affray causes serious injury or death. The author summarizes own views on the basis of learning the views of related theories and in combination with the need of the judicial practice. And the author tries to put forward the opinions of case processing according to the views. This paper is divided into four parts:The first part: the basic situation of the case. Briefly describe the cause of action, the case, the disagreements and the focus of debate.The second part: the legal analysis of the problems. Aim at the focus of debate, that the number of the subject of the crime of affray and the transformation problem of affray causes serious injury or death. Through analyzing the views of related theories, the author summarizes own views. The author thinks that the side which fewer than three persons can constitute the crime of affray. The conversion of affray should follow the principle of the unity of subjective and objective. When affray causes serious injury or death, the people who cause serious injury or death should be transformed directly. Whether the other active participants’ behavior transforms, should be determined by the principle of joint crime.The third part: the analysis and conclusion of the case. The author combines the views of related theories, and thinks that Tang Xiaoyun and Li Yuanshu’s behavior constitute the crime of affray. For the death of Liao Fei, Li Yuanshu’s behavior should be transformed into deliberately harm(deadly) sin. For the serious injury of Tang Xiaoyun, Peng Can and Gao Wei’s behavior should be transformed into deliberately harm sin. The result of the serious injury shall be as a heavier sentencing plot for Zhang Shengping and Li Yuanshu. Tang Xiaoyun is not liable for his own serious injuries result.The fourth part: the revelation of the case study. Aiming at the shortcoming of the relevant provision of affray, the legislature should formulate corresponding regulations and clarify the applicable conditions of the relevant provisions of affray.