Research On The Problem Of Judicial Identification Of Gang Brawl

Since the implementation of the criminal law in 1997,there have been 20 years of judicial practice.There have been a lot of complicated problems in the identification of the crime of fighting affray.This thesis is divided into four chapters.First chapter through analyzing affrays sin the cognizance of objective behavior,to clarify about the basic theory problem,affrays the ontology structure of sin does not require a fight both sides have congregated behavior,also does not require a rogue motivation;Although the behavior of the mob and the fighting is relatively independent,the crime of the mob is a single offender.The second chapter elaborates on the definition of "first molecule" and "active participant".Ringleaders is responsible for organizing,planning and directing role for active participants to grasp the unity of subjective and objective principle,give full consideration to the offender took part in the crime and the role of initiative.The third chapter makes a determination of four kinds of aggravation situation of the crime of gang fighting.In the fourth chapter,the identification of the conversion of gang fighting crime is the key point.The accurate understanding of "gang fighting,serious injury and death" and the determination of the causal relationship and the determination of the subject of responsibility should be consistent with the principle of the principle and objective.From the theory to the judicial practice,to seize the advantages,the integrated use of typical cases in the judicial practice for affrays behavior respectively,the ringleaders and active participants focus on analysis,such as for affrays crime in the judicial cognizance made sufficient answers to difficult problems.