Determination On The Crime Affray

In the judicial practice in our country, and affray crime is often encounter crime judicial practitioners work. Although our country in 2011 on charges of criminal law is revised on the modified is perfect, but still the existence of this crime in practice to grasp the understanding many problems exist. Especially on the correct understanding of subjective and objective aspects of crime, and understand there are still many doubts, at the same time in a certain objective aspect and objective aspect exists the overlapping of intentional injury, more make the judicial practitioners produced in the specific understanding deviation. The author this paper selected the province city of a real case, for the case of controversial focus affray crime has carried on the detailed analysis, in order to justice is in the process of grasping the affray crime of help. This paper is divided into four parts:Case of the first part introduces the basic situation, and focus on cases of disputes on refining. In the case of the communist party of China on charges including understanding of qualitative case, the differences of opinion, and the case or whether the defendants acts shall be responsible for the result of the death of the victim.The second part is the focus of this article. In the first part of the controversy for legal analysis. A from affray crime judicial cognizance, mainly analyzes the objective aspect and subjective aspect of creating disturbance of judicial cognizance, as well as the object to affray crime harm expounded; Second, focus on analyzing the difference between the affray crime and intentional injury. Three is to the intervention factors in the process of criminal consequences of death, the victim behavior person whether should bear responsibility for the results, and how much responsibility for analysis.The third part of the focus of controversy on the case of affray crime related problems are analyzed in legal theory. Mainly analyzes the difference of affray crime and intentional injury, at the same time the factors involved in the process of affray crime under the condition of the victim death consequences, behavior person whether should bear responsibility for the results, and how much responsibility for analysis.The fourth part is the author based on the analysis of the above for affray crime, then draws the corresponding conclusion of the case, at the same time for affray crime crime judicial confusion facing forward legislative consummation countermeasure. This section for affray crime legal analysis on the case judging focus of controversy, dispute cases in accordance with affray crime conclusions. Then focuses on analyzing the current affray crime in our country in legislation and judicial interpretation, the judicial personnel in specific apply this crime in the judicial practice caused by the confusion. And then through the affray crime problems in legislation and judicial interpretation to analysis, put forward the improvement of the specific recommendations.