Research On Questions Of Affray Crime

Affray, common behaviors in social life, seriously disturbing social order, needs the regulations of the criminal law. However, there have been varieties of arguments in theory and legal practice, arising from single provision, Article 292 of the Criminal Law, which provides simply and abstractly heavily. Based on the detailed analysis of crime constitution in affray, this paper would explain the author’s position about the arguments among the Object of Crime, Objective aspect of Crime, Subject of Crime and Subjective aspect of Crime in affray. Under the premise that the Subject of Crime in affray is general subject, including ringleaders and protagonists. This paper would illustrate the identification standard to ringleaders and protagonists, meanwhile it would illustrate the Subjective aspect of Crime in affray is direct intent and there is no need identifying affray on the premise of “roguish motivation”. By quoting a relative case, it protests that the accomplished offender of affray is offence of act. Furthermore, it formulates that the act of gathering a mob is not the act of perpetrating in affray and the act of fighting with each other is the act of perpetrating in affray reversely. Meanwhile, it formulates the identification standard to the criminal attempt, and the desistance of crime in affray. According to the analysis of the Item2, Article 292 of criminal law, this paper insists that it is the stipulations about the transferred offence. It also points to the fact that it should be sentenced on the basis of results, when the grievous bodily harm and death from affray crime occur. Combined with the relative case, it would expound the fact that whoever would assume the criminal responsibilities, under the circumstance of resulting in grievous bodily harm or death from affray crime.