The Boundaries Of Self-defense And The Affray

This paper choose the crime of affray by He et al as a case study. The case "one stonearouses1000billow", which caused jurisprudential circle, judicial practice and the generalpublic’s attention. The mainly dispute is whether it’s the self-defense or the affray, that is, thedifference between crime and noncrime. By legal analysis on relevant issues, analyze andinterpret the case, it can provide some guidance for judicial office who work for citizens andon behalf of the state power when encounter such issues. The guiding significance of the caseanalysis on dealing with similar cases is: First，there are many people involved in fightingbehavior is not necessarily the affray;Second, is behavior prepared not necessarily resistanceis the foundation of justifiable defense.The article is divided into four parts. The first part is the basic situation of the case, First,the cause of action; second, is the introduction of the case, which gives a brief description ofdispute case; Third, is the different opinions of judiciary and lawyers on the case of qualitativedifferences in the trial process and different reactions of academia and the public on thehandling of cases; fourth, the focus of debate.The second part is the legal analysis on related issues of the case, this is the maincontent of the paper.It is divided into three aspects. The first aspect is to define thejustifiable defense from the cause,intention,time of the defense. Then expounds the cause, theintention of defense and defense dispute arises, justifiable defense and defense, justifiabledefense and persuaded the melee, preparation behavior and justifiable defense. The secondaspect is to define the elements of affray crime through the two point of view object, from thiscase related to the crime of affray of affray crime subjective aspect and then expounds thedifference between affray crime and the crime of intentional injury, crime of affray and stir uptrouble crime. The third aspects state the possibility the justifiable defence can happen inaffray.The third part combine with the second part’s analysis on justifiable defence self-defense and affray, give a thorough analysis of the case, illustrate what He et al is self-defense anddoes not constitute the crime of affray, the crime of intentional injury.The fourth part is the legislative proposals combined with the case of affray crime andthe justifiable defense. First, the crime of affray, it must reach more than minor injuries;secondly, perfecting the crime and noncrime of affray situation, the scope of generally fightscaused by civil disputes or civil disputes in gang fights shuld be determined; Thirdly, begin orafter does not necessarily mean not self-defense. The justifiable defense time and illegalinfringement is different; finally, if the intention of defense and infringement intention is notobvious, it should be determined by the environment, individual conditions, the educationallevel and the legal knowledge level, the actor’s subjective state of mind, and the consequencesof actions.