On The Crime Of Affray Committed Conversion

Belongs to a kind of common and multiple crime, affray crime in article 292 of China’s criminal law has serious social harm,thereby should be subject to an effective regulation of criminal law. As the criminal law on this issue is too general,the conversion of the crime is hereby difficult to form an unified theoretical view. And in judicial practice,the lacking of uniform law applicable standards leads to a confusion of law application. On the basis of previous theoretical studies,through a combination of relevant theory,the thesis aims to explore issues on qualitative transformation,transformation subject and other controversial issues in cases of transforming crime of affray by comparative analysis,empirical analysis and case studies,so as to contribute to the conviction of transforming crime of affray in practice.The thesis is divided into three parts:The first part focuses on qualitative issues on transforming crime of affray,which compared with the general transforming crime,is first a character of crime,namely transformation between crimes,subjective and objective conditions as well as misdemeanor and felony. Furthermore,this part makes discriminations about legislative character that prescribed in Paragraph 2,Article 292,based on the manifestation of transformed crime of affray,the thesis therefore suggests the Paragraph 2 of Article 292 is in the range of legal fiction articles.The second part mainly deals with the establishment condition of transformed crime both in subjective and objective conditions. Based on the previous discussion,the thesis will make a further analysis about whether the transformation of affray crime must meet basic requirements of accomplished state of crime,meanwhile,whether the subjective standard requires intentional mental attitude from subject of crime and transformation of intentional content. Through a combination of focus of dispute in relevant theories, the thesis finally draws a conclusion,that is,the precondition of transformed affray must meet the basic premise of the crime----the accomplished state of affray,and the transformation of intentional content of the subject of crime.The third part elaborates the key content of this thesis, that is the range of liability subject of transformed crime. How to bear the responsibility in affray causing serious injury or death has always been a controversial issue in academia,but in reality is the liability of surplus circumstance of joint crime. Based on the relevant theories of criminal law on transformed crime and surplus circumstance of joint crime, the thesis differentiates the liability of ringleader and protagonist,as well as discusses who will bear the responsibility when the third party caused serious injury or death. At last, the thesis suggests that the subject of transformation is not always the case, therefore, judgements made should be combined with specific cases.