Theory Of Affrays Sin

The crime of affray is refers to the organization, planning, command the crowd to fight or actively participate in the affray behavior. Not only this crime violated the public order, but also violated the personal rights of citizens; the subject of crime is the general subject, the object of punishment include the ringleaders and the active participants; gathering the mob and fights are both the act of perpetrating; in the subjective aspect, the condition is the all the parties involved the fight with intention of fighting, excepting hooliganism.The crime of affray can be transformed into the crime of willful and malicious injury or offence of intentional killing, and the premise is to implement the behavior of affray, must also caused serious injuries or the result of death. The subjective intention of the ringleaders or active participants in the affray has transformed into individuals intentionally caused serious injury or death from the intention of fighting.The crime of affray had a mob nature, it’s necessary for us to analyze each participant’s status, role in order to proportion the punishment to the crime. If the consequence of the injuring behavior far beyond the intention of fighting, under the circumstances this action should belong to the surplus behavior. To draw the boundaries of the form of crime, especially the unfinished form of crime, including preparation, discontinuance and the attempt. In the affray, causing the loss of property of others, and offend the crime of intentional damage to property, belonging to the imaginative joinder of offenses. The use of firearms, ammunition, explosives and taken a serious threat to the public safety at the same time,according the principle of “Lex Posterior Derogat Legi Priori”or the priority of the felony compare with the misdemeanor, such behaviors should consider as the crime of explosion or the crime of endangering public safety. In order to reduce the enemy’s fighting force adopted illegal detention, the crime of affray referring the conception of the implicated offense, single punishment for one serious crime.To draw the boundaries of the crime of affray with the other related similar crimes. The main difference between the crime of affray which involved a single party and the crowd stir up the crime of provocation is: the former is the behavioral offence, the latter is the circumstances offense, "serious" is the substantive elements. The boundaries of the crime of affray and the crime of intentional homicide, even the crime of willful and malicious injury is the crime motive. Dividing line of the crime of affray and the crime of disturbing social order is the main object of the former: punishment as ringleader and protagonist, while the latter was the ringleaders; the former can only be implemented by violent, the latter can be committed by non violence.