The Criminal Law Study And Case Analysis Of The Affray Crime

The crime of affray is one of the most common crimes in our country.It is a typical example of the crime of disrupting the order of social administration and need careful examination.However,regardless of the theory or practice,it is difficult to identify the crime of affray and controversial.Because article 292 nd of the criminal law of the crime of affray only punish ringleaders and other active participants,the distinguish between active and general participants has become the key of identifying actors.In other words,the boundaries of active participants and general participants is the boundaries of the crime.It is believed that the person who only did not premeditated and provide help can be recognized as a general participant."Fight" should be understood as a whole and "fights" refers only to both damaged and aggressive behaviors.The theory of three participants should be more than three people with unilateral means,rather than more than two or three people in total. The practice of this crime is "gathering" and "fighting",not just "fighting""."Mob" is a part of the implementation of the crime,rather than a state.That is to say that this crime is not a single act crime.The rogue motive is not out of date at the moment and its existence has a great significance.It should be considered that the rogue motive is the subjective element of the crime of affray.It is not only to lay the foundation for the illegal,but also conducive to legitimate self-defense and other factors and the distinction between illegal fights."More number and large scale and bad social influence" cannot be influenced by pure public opinion.We should consider public opinion in the illegal and criminal liability limits or judicial independence will be destroyed.The identification of "in public places or traffic arteries and causing serious social chaos" should be based on the actual function of the public,but cannot be based on subjective assumptions."Armed" can be divided into two parts to explore."Hold" should be understood as available for use at any time."Weapon" is not boundless and must depend on the social common ideas study.The traditional application of "multiple" cannot solve the problem of sentencing.We should re understand the meaning of "multiple" in order to break through the current understanding of the dilemma.The so-called "many times" is not the behavior of people carrying out three times of affray once aggravated assessment,but the behavior of people fighting from third to start,every time for increased evaluation.The special provisions of the crime of affray should be considered that it is not a legal fiction,but a provision of attention.Only in this way,can we fully evaluate the illegal facts of affray.