Convert Affrays Of Crime Research

Affrays unavoidably there were casualties in the affrays process,when the result in serious injury or death on people,how to accurately declare relevant personnel guilty has always been the emphasis and difficulty in judicial practice.Although“the Criminal law” article 292, paragraph 2,stipulates affrays serious injury or death on people,shall be punished in accordance with intentional injury, murder convictions, but not abstract laws and relevant judicial explanation,lead to the criminal law theorists have different understanding of many of those problems,standards of judicial treatment and the results have bigger difference.Therefore, this article selects affrays conviction are controversial in the conviction of transformation the scope of the transformation of conditions and problems were discussed.In this paper,the first chapter is mainly on the applicable conditions of the transformation affrays of crime.The first part mainly introduces the academic "objective conditions", "subjective conditions", "subjective and objective conditions of common says" three big mainstream view,although the "subjective and objective conditions of common says" is regarded by most scholars,but in the conversion of affrays of crime, actor’s subjective intent may not happen.So, the author thinks that the idea of "objective conditions" is more suitable to describe the transformation conditions of affrays sin.Then,based on the judicial practice, the paper puts forward the premise condition that convert affrays of crime is behavior person SINS affrays, based on objective conditions for in affrays process caused the people of the dangers of serious injury,death,as a result,the subjective fault to include cause minor injuries,serious injuries,the uncertainty of death intentionally.The second chapter mainly discussed the main body of conversion affrays of crime,because there is no specific provision in the criminal law for affrays crime into one of the main body,the judicial authority also does not have a corresponding judicial interpretation,about the transformation of gang war crimes committed main area has been the criminal law theory and judicial practice of controversy.This article through to the theoretical circle of criminal law said “a whole transformation”, “party all damage caused by the transformation of”,“individual transformation”, “some say”comparison,he perception that “some”reasonable,namely to harm or directly by the deadly ringleaders conviction.This article also for affrays analyzes the five kinds of common form transformation of sin,respectively,to the other party for his own personnel casualties,his own personnel to his own personnel casualties,an outsider killed or wounded party members,to innocent casualties,unable to find out direct harm to defining the transformation of the five kinds of situations.Transformation in this paper,the third chapter discusses the affrays of crime of three kinds of special circumstances,for general participants cause person casualties, this paper argues that can be handled in reference to the relevant transformation provisions on active participants;For those under the age of 16 people in affrays cause person casualties,adhere to the provisions of the clause shall not apply to the transformation,this paper has reached all under the age of 16 in affrays in serious injury or death on people, their behavior comply with intentional injury, the components of the intentional homicide,directly with intentional injury,convicted intentional killing crime in the criminal punishment;For affrays and results in the conviction of problems at the same time,this paper argues that different perpetrators causing casualties or whether it’s the same person or others were killed or injured as a result,only identified as murder a transformation of the crime.