The Research On Judicial Cognizance Of The Transforming Crime Of Affray

Because of its large number and complexity,affray crime has been the focus of the criminal law practice and theory.The affray caused serious injury or death to others has nearly half of the proportion,and the related provisions of the criminal law is too general, the supreme judicial organ is not applicable to the relevant provisions of the criminal law and judicial interpretation,the theory for the crime of affray is inconsistent with the understanding of the transforming crime,lead to the problem of judicial application of the affray crime in the criminal law practice is difficult to deal with the criminal case.Based on the analysis of the crime of affray transforming crime in judicial practice there are problems in the system, combing the affray crime based on the basic theory, application of affray crime transformation of justice, including the standards and the transforming crime of affray of affray crime into the main scope of responsibility and other issues, a systematic and in-depth research.This paper is divided into four parts, about 36 thousand words.The first part is an overview of the judicial practice of transforming crime of affray, first through the comparison of two cases of similar judicial cases, affray crime exists in the judicial application of the problem from the judicial trial of the significant difference,and then through the retrieval of relevant network data platform and access all over the court documents, to explore the affray crime in the judicial application of the problem, specific approach and multi angle examination Court on these issues, grasp the status for the crime of affray law in general.The second part is an overview of the basic theory of transforming crime of affray, lay the theoretical foundation for the analysis of judicial practice problems of affray transforming crime.According to the theory of transforming crime connotation of the dispute, the author argues that it will be divided into "typical transformed crime" and "legal fiction of transforming crime", and "the affray crime belongs to the typical transformed crime", on the basis of the affray crime nature law in-depth study, mainly for the law of affray crime transformation is a notice or legal theory of quasi differences system, put forward specific distinction between the two methods, and then discusses the nature of the provisions of the laws of the affray crime of affray crime, draw the law into a notice conclusion. Finally, explains the two basic principles of the affray crime conviction, namely the principle and the principle of unification of subjective and objective, to provide the legal basis for affray conviction of transforming crime.The third part focuses on the affray crime conviction standard. According to the judicial practice of the affray crime that standard is not uniform, the "subjective standard", "objective criteria" and "mixed standard" and other theories were analyzed, that the affray crime conviction should adhere to the "mixed standard". On this basis, the paper analyzes the specific standard of two aspects of objective and subjective conditions of the affray crime, advocate the affray crime in the objective aspect should also have the prerequisite conditions, behavior, result and the conditions of time and space, should examine the behavior of intentional content in the subjective aspect is intentional injury or intentional homicide. In addition, the thesis also discusses the fact error of affray finds the existence of influence of transforming crime.The fourth part focuses on the scope of the main responsibility of the affray crime. According to the judicial practice of the affray crime responsibility scope standard is not a problem, the paper on "part of the transformation" and "all the transformation" to analyze, recognize the scope of the subject of responsibility should adhere to the unity of subjective and objective principle, according to the specific conditions on the behavior of subjective and objective aspects are integrated analysis, to identify the main responsibility scope, and analyzes the different approaches to determine the main responsibility in judicial practice and put forward reasonable suggestions.