The Crime Of Intentional Injury,Disturb The Crime Of Affray And The Division Of Research

The crime of intentional injury,disturb the crime and the crime of affray crime is a kind of common law practice in the study,three of the crime and the boundary of some fuzzy zone,the amendment to the criminal law of the crime has made the appropriate adjustments,but in practice the cognizance of the crime of three is still a lot of confusion,there are some the overlapping phenomenon between the three crimes,I choose the real case to analyze the focus of controversy,in order to clear understanding of the three crimes.Through a lot of reading and access to relevant data and literature,through summarizing the different views of scholars,the use of comparative analysis of their views are summarized,analysis,induction,and put forward Some related cases in the judicial practice of personal opinions.At the same time the method of case analysis on three crime identification from the angle of criminal theory and judicial practice are analyzed in this paper.The use of only about twenty thousand words,in view of this is certainly not to have little talent and less learning,comprehensive,thorough,in this paper some views will certainly exist some questionable places more or less.This paper is divided into four parts:The first part is the basic situation,explain the cause of the case,the introduction of the case,summarized differences and disputes focus,this paper has three focus of controversy,including the judiciary,counsel,scholars and people's different views on the nature of the cases.The second part is the focus of this paper,mainly in response to the first part of the focus of controversy and disagreement and legal analysis on related issues,this part includes four aspects,firstly,analysis of the relationship between incitement to revenge and vexatious,through the definition of "unreasonable" concept,using the contrast method to understand the relationship between the two,and whether to determine the case for incitement to revenge behavior belongs to the crime of affray.Second aspects,I analyzed from the relationship between the melee and the self-defense,first demonstrates the case whether there is a fight deliberately and mob behavior,and then discusses the issues of justifiable defense in the fight,fight with the nature of the line For the existence of intentional injury,and then begin the argument whether the party must be infringed,and bear the main responsibility,first party is affected by the provocation of defense,and then determine the relationship between crime and self-defense in the case of affray.Third aspects,analyzes the relationship between the perpetrator's subjective intent and content conviction,proof of subjective and objective consistent with the principle of specific application in this case,the causal relationship between the intervention factors of the case,to analyze whether this case belongs to the crime of intentional injury.Fourth aspects,discusses the qualitative imagination joinder,mutual connection between three crime grasp on the whole,so that every in this case Qualitative conclusions.The third part is the analysis of relevant legal principles on the three crimes combined with the third part,makes a thorough analysis of the case according to the provisions of the criminal law,clarify the case of affray crime and the crime of intentional injury of imaginative joinder of offenses should choose a felony punishable by reason of the defendant for three years imprisonment according to.The fourth part is the conclusion part,according to the typical case of the three crime analysis and comparison,summarizes the judicial practice three crime exists the confusion,and the confusion and put forward some suggestions,in order to benefit the judicial practice work.