A Brief Analysis On The Transformation Of Affray Crime

Affray is typical type of mass crimes with a high incident rate. It not only violates the normal social order gravely, but also often lead to severe injury, death and other serious harmful consequences because of its characteristics with group, violence,etc. However, the current legal provisions is over simplified that how to deal with the situation when serious injuries and deaths occur during the affray. Thus, there are different understandings that how to interpret this provision and define the transformation of affray Crime in theoretical and practical fields. And then, the different opinions to define the crime lead to the problem that different judgments have been made in similar cases. Therefore, the correct understanding of these different opinions and a reasonable grasp of the transformation of the affray crime has become an urgent issue to be solved in judicial practices. In this paper, I cite a real case in the judicial practice as an example and summarize the related controversial aspects of this case and make theoretical discussions according to the current legal provisions and the relevant criminal law theory, combined with the analysis of the case hearing opinions.This article has been divided into five parts.Part 1: the case introduction. In this part, I introduce a real case in judicial practice and make a brief summary of the case that Yang Yifan suspected to commit the Affray Crime. Through the elaboration of different opinions appear in the case proceedings, leads to the focus controversial problems of the case: If Deaths appear in the affray process, whether the actors shall surely be transformed to the crime of Intentional Homicide Conviction? Whether all actors who constitute the Crime of Affray should be transformed?Part 2: the jurisprudential analysis of the transformation of the Affray Crime. This part focuses on the judgment whether provisions of the second paragraph, Article 292 is a legal fiction or a provision of attention. Through analysis, I consider this paragraph is a provision of attention, not a legal fiction. Thus, when transform the Affray Crime, we must strictly follow the principle of subjective and objective consistence, and in accordance with the constitutive elements of a crime, to evaluate and judge the perpetrator from subjective to objective, from form to substance.Part 3: the analysis and elaboration of the transformed conditions of the Affray Crime. In this part, firstly I analyze three theories in the criminal law field, that “subjective condition saying”,“objective condition saying”, and “subjective and objective joint condition saying”. Then I elaborate the content of subjective intention, cognition factor and will factor, basic condition, beyond action and criminal consequence of the Affray Crime conversion. Finally, I define the transformed conditions of the Affray Crime from subjective aspects to objective aspects.Part 4: the analysis of the subject of the Affray Crime conversion. In this part, I mainly elaborate several cases according to the subjects(ringleaders and active participants) act in the affray process. And then give a comprehensive evaluation from the aspects of subjective intention, objective behavior, in order to define the transformed conviction of the ringleader and active participants in different situations.Part 5: the conclusion. In the process of transformed conviction of the Affray Crime, we must insist on the stance of liability Doctrine, from the perspective of constitutive elements of crime, insist on the convicted principle of the unity of subjective and objective.