Research And Improvement Of Determination Of Affray Crime

Affray crime of this crime in the new criminal law since 1979 "criminal law" hooliganism decomposition, the current criminal law of our country the division of the four aspects of the objective respect of the crime, but at the same time criminal law is also a lack of this normative definition of sin and the highest judicial organ and the legislature were not on this issue to be corresponding to the judicial interpretations and legislative interpretation, which also led to around at all levels of the judiciary in the cognizance of crime of affray cognizance standard fuzzy approach. This article in a comprehensive analysis of affray crime constitute elements based on the existing problems to explain, and puts forward the relevant judicial and legislative suggestions. This thesis is mainly divided into three parts:The first part is from the macro aspects of the concept of the crime of affray elaborate, and combined with the current views of several scholars to give readers first to disturb the crime to have a holistic understanding of both the crime of affray understanding of basic concepts, including understanding of the Crime of affary.The second part is through the case, comparative analysis of how to identify the trouble in the crime in judicial practice to study the microscopic aspects of this part of the fist type of behavior and the circumstances in terms of the degree to analyze the boundaries between crime or cause trouble, learn more about the crime of affray. Secondly, several similar crimes disturb the crime made a distinction between confused therewith, respectively, form the object of the infringement,the behavior and endanger its result,etc. In these areas were correct and reasonable definition,also believes in the specific judicial practice, judicial staff in dealing with specific cases, which should be in-depth, consistent with the principle of combining subjective and objective, comprehensive judgment in accordance with the relevant provisions of the law depending on the circumstances, the only way to comply with the principle of legality of criminal law requirements.The third part discusses the revised-crime of affray,there are still some shortcomings, such as some of the more obscure vocabulary words appear in the law, or some meaning of the word is difficult to grasp, etc. In judicial practice, according to the author of a number of final judicial practice some of their own amendments, expected to disturb the perfect crime has some effect. Only clear of trouble in the crime, in order to give the judiciary to enforce the law to provide a fair and reasonable limits and standards in judicial practice.