On Judicial Determination Of The Crime Of Affray

The crime of hooliganism in 1979 Criminal Law was revised to four crimes in 1997 Criminal Law,one of which is the crime of affray. The establishment of this offense is capable of disrupting social in order to combat crime effectively.Although in recent years introduced a number of judicial interpretations and some trial practices, but judicial practice on how to identify the correct still has a lot of controversy.The paper,based on a rigorous analysis of the theoretical grasp on the combination,try to analyse the case,the number of affray involving aggravating circumstances and the conversion and other common problems,in order to contribute to the judicial practice.This paper consists of four sections. Specific writing content and ideas are as follows:The first part,the introduction. Introduce the significance of the topic, the recent constitution of research and research methods.The second part, the case statement and the focus of controversy. State the informations and verdict on Mr Kang’s case.This case reflects a common problem in judicial practice,after a detailed analysis of the case there comes three controversies. Under the knowledge of criminal law and on the analysis, it comes out that it is mainly because of affray crime constitution,conversion and other aspects in theory which lead to the practice of judicial problems.The third part, analysis the case.In the theoretical point of view and judicial practice, under the support of the penal theory system,the paper will analyse the number of people involved in the crime of affray, ringleaders, active participants the form of sin, the qualitative transformation of armed affray and specifically conversion. After that will come to a appropriate summary for each controversy.The forth part, conclusion. Through the whole discusses of the paper, make a final determination.