The Qualitative Research On Single Party Gathering A Crowd And Causing Serious Injury To A Person

The crime of affray is the more common criminal crime in judicial practice,while destroying public order,even causing serious consequences of injury and death,the harmfulness is obvious.Paragraph 2 of Article 292 of the Criminal law of China is expressed in a simple form of crime,there have been no clearer legal interpretations of the relevant departments so fa.In addition,such cases have become more and more complicated in the judicial practice,resulting in many difficult problems.For example,whether the crowd is both parties or unilaterally,whether the fighting intention is required by both sides,the conditions of the transformation crime and so on.In view of this,this article selects a specific case about the affray,namely,the case of deliberate injury and crowd fighting by Chen and others is discussed as an example.Through the analysis and exposition of the controversial focus of the case,combined with the relevant theory of Criminal law,the qualitative conclusion of the case is drawn,striving to provide some evidence for the determination of the case in the judicial practice.Except for the introduction,the paper is divided into four main parts:The first part,the basic situation of the case.Specifically,this part is composed of four aspects.First of all,introduce a real case in judicial practice and present the cause of action,namely,Chen and others intentional injury,crowd fighting case.Secondly,a brief summary of the case is made.Convened by Chen,Liu,Fang and Zhao launch a fight with Wang.Wang is unable to withstand so that he is seriously injured.Once again,through the induction of different views in the trial process of the case,combing out difference in opinion,namely,Whether the qualitative analysis of the behavior of the four persons,is the crime of intentional injury or the crime of crowd fighting.Finally,the controversial focus of the case is extracted and summed up from the previous disagreements.The details are as follows.Two parties gather a crowd or single party.Whether the objective element of the crime of affray covers the situation of “crowd and assault”.Differentiation and analysis of one party's assaulting and intentional injury accomplice.Whether the principal and the active participants are convicted of the severe injury that arises during the fight without exception.And how to identify the“armed” type of affray.The second part,the legal analysis of the related issues.This part will be the focus of this article.It is an in-depth analysis and discussion of the theoretical problems involved in thefocus of the above dispute,and the specific content can be divided into four aspects.The details are as follows.Understanding and cognizance of “gathering”and “fighting”.The nature of the behavior of the unilateral party mob others.The definition of the subject scope of the transformation.And the definition of “armed” plot.The third part,the analysis and conclusion of the case.Through the theoretical discussion of the related matters in this case,combined with the relevant provisions of the law,On the basis of this,suggestions for handling the case are put forward.Namely,the nature of the behavior of the four people.This article holds that the behavior of Chen,Liu and Fang constitute the crime of affray without armed plot,that the action of Zhao constitutes the crime of intentional injury.The fourth part is the research inspiration of this case.Via the analysis and exposition of the case,the paper obtains four points of Enlightenment.The first three points inquire into the guiding significance of the analysis of the case to the treatment of similar cases,namely,the combing of the crime of atypical affray,as well as the influence of surplus behavior on the cognizance of the transformation crime.