A Brief Analysis On Affray Crime

Affray is a common criminal case in our country, however, our country criminal law adopted simple counts, the laws related to affray are too simple, the scope of applicable law is too broad, thus, different people have different understanding of legal interpretation for affrays. But the related legal departments do not continue to give affray crime a more clear judicial interpretation, which leads to many cases of different judgments to the same cases. Many scholars have been discussing this problem, and there is still no a unified conclusion until now. The author chooses to write this article, because during his internship in a procuratorate at basic level in Guizhou Province, he met with some similar cases. Since there are many disagreements on the determination on the nature between procuratorial organs, public security organs, this article will first raise the focus of dispute through the introduction of the details of a case, then combine the relevant scholars’ points of view on the controversy, finally put forward his opinion on this case, hoping that a better understanding of affray crime can be achieved through his paper work. At the end of the case, the author will put forward his own suggestions.This paper is divided into six parts, about eighteen thousand words.The first part is the cause of action. The cause of action of this case is Su’s affray crime.The second part is the case introduction, introducing Su’s affrays throughout the case facts, as well as how the related departments handled this case, and procuratorial organs and public security organs’ determination on the nature of this case and their reasons.The third part is case discussion, mainly divided into two parts. The first part lists the investigators’ points of view for Su’s affray crime, a total of four kinds of views. The second part is the summary of the four views, which leads to three focal points to be analyze. The first is how many people are needed to be defined as affray crime. The second is whether affray crime has allelomorphism. The last is the possibility of justifiable defense in affray.The fourth part is the legal analysis on the focus of dispute of the case, starting from the concept of affrays, then analyzing the three focal points step by step. After enumerating the relevant academic points, and separately describing the reasons for these points, the author will put forward his views on each point.The fifth part is the author’s conclusion that Su should be condemned to be affray and Tan should be regarded as justifiable defense.The sixth part is the author’s enlightenment in this case and his two proposals for affray crime.The first is that the relevant law departments should make judicial interpretation and clear criminal standard; The second is to introduce some classic cases, which can play a guiding role in some controversial case.