On Judicial Identification Of The Crime Of Provocation

Affray crime is one of China’s unique new charges from the 79 years before the "criminal law" in the crime of hooliganism arising out of..Affray crime is a common and multiple in judicial practice in China, especially in the grassroots judicial practice.The criminal law amendment(eight) to disturb the crime has been revised and improved.To disturb the crime has been revised and improved.But the subjective elements, affraycrime objective aspects still exist many doubts.To disturb the crime has been revised and improved.This crime and the crime of intentional injury, such as cross overlap between the phenomenon,To disturb the crime has been revised and improved.Here, the author to truth of defiance and affray, intentional injury case. Analysis the focus of controversy in this case and sentencing issues, the unique characteristics of interpretation of affray crime.To disturb the crime has been revised and improved.The author divides this article into five chapters, the first chapter is the case summary and the dispute focal point. The first section is a brief introduction of the case, and the case of this article is briefly stated. The second abridged case focus of controversy, summed up the focus of controversy of the case, including whether the case should be identified as the crime of affray, principal in this case prime culprit causing serious injuries constitute the crime of intentional injury, this case sentence is appropriate. The second chapter is whether the case should be identified as crime of affray. The first section is to disturb the crime elements, elements of clarity of this crime is the first step to solve the problem. The second abridged case whether the defendant constitutes crime of affray, through analysis and understanding of the case, with crime analysis, draw the conclusion. The third chapter is the principal in this case whether intentional injury causing serious injury. The first section is the affray and intentional injury crime crime number, two crimes in constituent elements also have overlapping phenomenon, to relationship clear between the two crimes, first of all to analysis the problem of crime number of the two crimes. The second section is the principal in this case whether to constitute the crime of affray, combined with cases and stir up trouble crime, intentional injury crime number problem analysis, draws the conclusion. The fourth chapter is whether the sentencing of the case is appropriate, the first section is the application of the probation standard, first with the specific language to summarize the specific criteria for the application of probation. The second section is the case of the probation is appropriate, through the specific analysis of the case combined with the application of probation standards, draw conclusions. The fifth chapter is a comprehensive analysis of the case. The first section is the case should be identified as the crime of affray, opinions and conclusions in the first chapter of this paper, the integration of the second chapter. The second section is the principal in this case should not be regarded as the crime of intentional injury, combined with the conclusion of the third chapter, analysis. The third section is the case of the application of the standard of probation, combined with the case, the fourth chapter, the conclusion of the analysis, to clarify the author’s point of view.To disturb the crime has been revised and improved.