Research On The Random Assault Affray

Random assault affray crime, as one of the four types of crime of affray, with a high occurrence rate, and the difficulty to determine, is a very difficult problem in current judicial practice. This paper views the random assault affray crime as the object of study, and reveals the Judicial Dilemma through empirical investigation. Based on this, in view of the problems existed in judicial application, through theoretical analysis and demonstration, proposed judicial practice in the specific operation method, in order to further standardize the random assault affray crime judicial application.The whole paper, besides the introduction and conclusion, is divided into five chapters, a total of more than 50000 words.The first chapter is an empirical applicable of random assault affray crime. The author uses 500 random assault affray crime cases as the basic sample, and 100 random assault affray crime cases prosecution but eventually convicted in the case of intentional injury as auxiliary samples, from the beaten causes, assaulted place, "random" cognizance basis, damage results, random beatings and other multiple perspectives and dimensions were investigated, revealing the random assault affray crime in the judicial practice present situation of application and characteristics.The second chapter is the judicial predicament of random assault affray crime. The judicial dilemma is mainly reflected in three aspects: first, the standard of " random" is not clear, with the specific performance in the determination of the existence of disputes "random" that is not accurate, "random" over reliance on rogue motivation to beat, occur in non-public places and deny the "random" establishment etc. the problem; Secondly, they beat the standard of conviction and the basis of injury is not clear, there are differences on specific performance in the conviction of beating injury cases in the processing of random assault affray crime and crime of intentional injury, and lack of theoretical research achievements related to guidance; finally, finds many people beating behavior the problems in the performance of specific people beating and fighting between unilateral mob is not clear, the standard of distribution of burden and many people beating causing serious injury vague?The third chapter is the standard definition of "random". First, explore the meaning of "random" to the theory, put forward the shortcomings of the traditional theory of rogue motivation concept, clear "random" on the properties of the elements of the division belongs to the subjective elements, and puts forward "random", in essence, is weakening the external causes and strengthening inner cause; Secondly, it is put forward that the judicial practice to recognize the "random" specific basis, should be outside in the cognizance of the dispute as the core basis, to rogue motivation, beating places as the auxiliary basis, comprehensive study behavior meets "random" conditions.The fourth chapter is the standard of the random assault affray crime to conviction and the theory it based on. First of all, summarize the current criminal law theory of random beatings caused harm to people convicted of the theoretical controversy, including combined punishment for several crimes, imagine concurrence, fact transformation and charges repel theory; Secondly, proposed random beatings injury conviction and the rationality of the position, operation of the judicial practice should be abandoned by the appearance of damage to the as the crime of intentional injury crime between the concept of limits, is good at using the imagination of cooperation theory, random beatings caused damage to the human behavior are reasonable and accurate conviction.The fifth chapter is the standard of many-people beat the behavior of conviction. First, in view of the confuse between many people beat up random and unilateral mob fight crime, the judicial practice should judge them by polymerization degree of multiple members; Secondly, in the judicial practice for people to beat up random allocation of responsibilities in serious injury caused by, should in general adhere to the part of the implementation of the principle of full responsibility, will seriously the imputation in the implementation of all beaten behavior, and in practice limited to responsibility principle, by a limit behavior of their injuries shall be responsible for the results.