An Analysis Of The Application Of Law In Crime Of Affray Conviction Transformation In Wang Affray Case As The Angle Of View

Affray crime is a kind of very typical mob crime,and is a multiple and high incidence of mob crime,such cases often would seriously disrupt the normal social order,causing serious negative impact on people's production and life.This kind of crime because of the large number of people involved,the scene of the crime in general confusion,the consequences of the crime of affray may go beyond the provisions of the minor,and the occurrence of serious injury or death to the consequences,for this case,the second paragraph of article 292 nd of China's "criminal law" provisions of the punishment,the provisions for the crime of intentional injury,to punish intentional homicide the crime,but the application of specific subject transformation which did not make provision.This has caused in the judicial practice of affray crime main body scope of no uniform law,how to judge the subjective aspects of the ringleaders and active participants in the process of transformation and the role between the analysis of their fighting behavior and the harm result of causality,become the emphasis and difficulty in the cognizance of the mob fight.In addition,the procuratorial organs and the court of the case of the conversion of the conviction of the existence of the case of a different understanding of the differences,resulting in the transformation of all and part of the transformation of two cases,is not conducive to the unity of the law,accurate application.Therefore,the author through the actual case,from the concept of transforming crime of affray,reason and elements of the transformation,the combination of subjective and objective consistent principle,causality in criminal law theory,the theory of joint crime and imaginative joinder theory,analysis of affray crime condition into a conviction,to provide some valuable reference for the definition of affray conviction subject the range,in order to seek the transformation of conviction and fight in law of the accurate application of sentencing.This paper is divided into four parts: the introduction part mainly introduces the background,significance,research status and research methods.The first part is the introduction of the case and the summary of the dispute.The second part analyzes the theoretical basis of affray crime,according to criminal subjective and objective consistent principle,imaginative joinder theory,theory of causation,common crime,crime of affray is transforming crime subject on the author's point of view.The third part is the analysis of the applicable law of affray conviction,how to determine the affray crime in the scope of the main body to analyze.The fourth part puts forward the suggestions of perfecting the affray crime conviction and punishment legislation,mainly in the affray crime and the transformed crime definition of a detailed discussion of conviction and sentencing and other aspects of the punishment scope of the subject of conviction.Through the analysis,the author thinks that: for affray caused by injury or death in the crime,the theory of imagination joinder is more suitable for accurate understanding of China's "criminal law" article 292 nd paragraph second of the severe injury and death caused by the occurrence of affray,and in accordance with the provisions of the crime of intentional injury or homicide conviction.Because the concept of imaginative joinder of the affray causing serious injury and death cases were full of legal evaluation,the principle of criminal law can be fully reflected by the principle of suiting punishment to.