| Affray, as a kind of mass crime, is very common in the criminal juridicalpractice in China. However, there is no definite and thorough standard ofaffirmation to affray in the current Criminal Law. Meanwhile, there is lack ofconsensus in academia in regard of its related theory, resulting in bigdiscrepancy between reference standard and final judgments when affray isjudicial handled in practice. On the basis of clarifying the definition of affray,this article puts emphasis on analyzing the four statutory elements of affrayand its circumstances, which respectively discusses the frequency of crime,number of criminals, scale of crime and means of crime. By discussing thefour elements one by one, it is aimed to establish the standard of determiningcrime, and explain the aggravation plot and internal logic of affray in details.In regard of the transforming of affray, this article analyzes the conditions ofaffray transforming from the perspectives of criminal behavior, criminal statusand different subjects of crime, in order to establish the method of affirmationon affray. In the end, this article expounds other puzzling questions on affrayto solve the existing problems in legal practice. |
