| A few years ago, create a great sensation "Fang, Fang was attacked in the case, the court to disturb the crime and sentenced the defendant Xiao Chuanguo five and a half months in detention;" Wenling child abuse case was exposed, Wenling Municipal Public Security Bureau, on suspicion of affray crime brought to the Wenling city procuratorate approved the arrest, but eventually Yan Yanhong was deemed that the parties involved do not constitute a crime, shall revoke the criminal case, fifteen days administrative detention punishment on September 17,2013; Yang Hui was Zhangjiachuan police on suspicion of affray criminal detention, after the Gansu Provincial Public Security Bureau and the Tianshui Public Security Bureau of the joint working Group on suspicion of affray case investigation and verification, finally in accordance with the "public security management" law of the People’s Republic of China on administrative detention for 7 days. Crime of affray is in recent years, the criminal law of the People’s Republic of China academic circles discussed more has been disputed charges a great, it is the new criminal law from the crime of hooliganism in the 1979 "criminal law" decomposition and charges. Disturb the crime since its birth, it has inherited the female crime is the crime of hooliganism "pocket crime" features the trend. In fact, the definition of the crime of our country’s criminal law has not been standardized and accurate. Although, in recent years, top legislature and supreme judicial authority has issued some corresponding legislative interpretation and judicial interpretation, however, in daily practice around in recognition of the time of defiance and affray crime and related crimes, or the various different types of illegal and criminal acts of fuzzy belong to the crime phenomenon, how to reasonable judgment, has not yet formed a unified point of view, that in such cases the decision results often lead to the controversy of the social from all walks of life. Faced with these problems, more and more people began to question the extension of the crime of affray too wide problem that crime of affray pocket problems have become increasingly prominent. The case of "Fang", "Pascal’s case and the case as a starting point. First of all, through the the relevant provisions of the crime of affray is introduced, so that the crime of affray origin and formation has an intuitive understanding, and then through the strip method analysis and the related" interpretation"of the introduction, a detailed interpretation of the crime of affray; through detailed analysis of the case of Fang "," Pascal’s case, discussed about the network rumor whether it should be included in the crime of affray controversy and disturb the crime and the boundaries between the crime of intentional injury. Through the analysis of the cases that cause disturb the crime to expand the reasons lies in the legislative and judicial problems:legislation, the provisions on the crime of affray legislative language is not precise enough to have a certain ambiguity and the concept of legislation, judicature, administration of justice against crime of criminal law, the principle of judicial application and selective and arbitrary. Then, according to the current academic circles on the abolition of the crime of affray disputes, through the analysis, on the one hand, the retention of affray advice; on the other hand, based on the above mentioned crime in the legislation and judicial problems, to cause trouble to get rid of the fate of the pocket crime it is necessary to reform, from the legislative and judicial two aspects to solve one by one method, in order to keep the premise of affray crime, disturb the crime can solve the problem of over wide extension, gradually correct affraycrime define the scope of the crime to deal with the current increasingly "pocket" reasonable tendency, finally to combat crime, safeguard citizens’ legal interests, the role of maintaining social stability. |
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