On The Affrays Behavior Of China’s Criminal Law

Affrays behavior refers to the behavior of that many people attack one’s body or the behavior of exchanging blows.The behavior has the following features: plenty of the behavior subjects,violence of the behavior,and compound consequences.Affrays behavior is the common crime in the judicial practice.However,the behavior of specific situation is complicated and diverse,for the factum juridicum,justice is also different.Affrays behavior is a single behavior,which only includes one element-“fight”.“Gathering a crowd” in the structure of the Affrays behavior is used to describe an objective situation that multi-people join or assemble together,with the “fight”,and enough to make a realistic threat to the peace on one side.As for the definition of "gathering a crowd",the number of the crowd should reach a degree that it infracts the peaceful life of the other side,thus more than three people is just a minimum standard of reference;The range of number should take fight behavior as standard to calculate.All the number of participants of the sides should be calculated when judging whether the gather accords with the standard of gathering a “crowd” during the sides attack each others’ body.However,on the situation that purely one side gathers people to attack the opposite side’s body,only the side of many people should be considered whether reached the requirement of number of people.The “fight” in affrays behavior refers to the action that people attacks others by tangible power,which could impede the others’ freedom of the will or even make a slight wound to the others.Involution is not the necessary for the “fight”,unilateral gathering is also a pattern,and the place is also not limited at locus publicus.For the limitation of affrays behavior and relevant behavior,the particularity of the behavior and the imperfection of the criminal law should be considered deeply.In general,we should fully consider the particularity of the behavior itself,and the imperfection of criminal law,taking into account the characteristics of general behavior of reference to distinguish and reasonably applying imaginative concurrence to identify under special circumstances.The confine between the affrays behavior and behavior of picking quarrels and provoking trouble is that “gathering a crowd” is not necessary for the latter and the reason and object of the latter has a feature of subject.Compared with the behavior of assembling a crowd to disturb the social order,the affrays behavior has a different objective modality.The latter’s means are limited in the violent assault,however,the former’s behavior has no relevant limitation;the latter behavior could occur at any places,and the former has to be done at the place of work,production,business,teaching,and research.Comparing with the actus reus of whoever forms or leads organizations or participates in the nature of criminal syndicate,the feasons of affray behavior lack of organization,with more direct behavior intentions and simpler behavior patterns.Affrays behavior,malicious injury,and criminal homicide could be implemented by assault,however,according to the strength and instruments,the affrays behavior make more damage for the public other but less purposive and objective nature to harm people’s body.