Judicial Identification On "Gathering" And "Fight" Of Crime Of Affray

Based on the comprehension of the relationship between the act of“gathering” and“fight” of Crime of Affray as well as their punishment, this paper analyzes the key pointsof identification on “gathering” and “fight” respectively.In the analysis of identification on “gathering”, this paper finds out the difficulties ofidentification on “gathering” of Crime of Affray in practice trail which is how todistinguish “gathering” of ordinary civil disputes from that of Crime of Affray through thecomparison of similarity and particularity between Crime of Affray and mob crime. Withthe integration of case analysis, it summarizes the similarities and differences ofidentification on “gathering” of Crime ofAffray and that of ordinary civil disputes.In the analysis of identification on “fight”, this paper analyzes how to identifywhether the doer’s behavior belongs to the “fight” of Crime of Affray or not from theperspective of subjective and objective unity. By comparing other crimes constituted byassault (taking Intentional Injury as an example), it briefly analyzes the situation of “haveno fighting intention from the start while getting the intention during the process”.At last,for the “fight” part, this paper also lists the typical cases of “armed” fight withthe focus on definition of “weapon”. And it expounds the author’s own point of view ondetermination of liability of the unarmed persons.