Study On The Practical Problem Of Transforming The Subject Scope Of Affray

The crime of affray is a crime that is separated from the original crime of hooliganism.According to the second paragraph of article 292 of the criminal law,if a person is seriously injured or killed in affray,he shall be convicted and punished according to the crime of intentional injury and intentional homicide.This paper redefines the concept of "transformed crime" in this provision,analyzes the current judicial practice of the identification of the main body of the transformed crime of affray,there are different judicial identification,there is also a dispute over the legal nature of this provision in academic theory,the identification of the main body of the transformed crime of affray is also different.In the current conditions,does not have legislation is put forward to solve affrays transformation make the subject scope of practice judicial perfect suggestion,perfect the judicial interpretation,crime in the judicial practice,adhere to the subjective and objective unity and balance principle,at the same time to strengthen the judicial guidance,through the cases,and further unified judicial application in the form of communication.