Research On Transformasion Of Affray Crime

The research is on the basis of the fundamental problem of the criminals of convert affrays. The criminals of convert affrays is the person who caused serious consequences of injury or death in the process of the crime. The characters of its behavior have changed. And the criminals should be punished in accordance with intentional injury and intentional killing according to the special provisions of criminal law in our country. It has the characteristics of the statutory, heavy and particularity. The criminals of convert affrays is the transformation which is due to subjective and objective factors.Its essence is a typical legislative case.The general constitutive requirements of criminals of convert affrays is the key of the conversion and the core problem of the research. It includes objective elements, the subjective factors and subject factor. The objective elements required that the person really caused serious consequences of injury or death in the process of the crime. The subjective factors are the ringleaders of crime and active participants who have their subjective intentions.There are some special problems such as the conversion of person with relative criminal responsibility age who caused serious consequences of injury or death of special people and their punishment. The problems are reflected in the real case. The person with relative criminal responsibility age should be punished with convictions. The criminals include the third person outside the case, but not including himself. And the punishments should cannot be same but be analyzed in a specific way.