Research On Difficult Issues Of Random Assault On The Difiance And Affray Crime

Random assault on the difiance and affray crime is one type of the difiance and affray crimes. It is a serious behavior that someone provocates, beats others and disrupts social rules. The main object of the crime is the social rules or public rules while the violation of personal rights of others is not a necessary object. In the judgment of objective act, we should combine the subjective and objective factors to determine the behavior of random and define assault with physical force. In the judgment of subjective aspects, we does not recommend to impose rogue motivation to the constitutive requirements of the crime. There are some difficult problems in the judicial application on the crime. The provisions of the crime is in the form of normative elements and conviction standard is difficult to define. It is hard to identify the crime and the crime of willful and malicious injury. And the punishment of the crime and judicial practice are far away. The crime is lack of provision that random assault caused serious injury or death. Especially, it is hard to identify the crime and intentional injury because of similarity and the problem of limit in common affray behavior. The crime of willful and malicious injury must be required to achieve more than minor injuries, so there is a complementary relationship between the two crimes in the slight injury range. Besides, in the process of common affray behavior, we should consider that whether or not there is relationship between indirect implementation of homicide behavior and death. The sentencing issue is also a big problem in the judicial application. The perfection of the crime should be considered in the legislation. In the legislation, the crime should be adopted the standard elements. The basic punishment should be amended. Additional, the law should make specific provisions about causing serious injury or death consequences.