Study On The Conversion Of Affray Crime

As a kind of crime of gathering people,the crime of affray of gathering people has the necessary characteristics of this kind of crime,which is mainly manifested in the fact that the crime involves many people,the behavior has the nature of conflict and violence between the two parties,frequent occurrence in daily life,and seriously endangers the normal social and public order.In the course of the development of affray,due to the double promotion of subjective malignancy and objective violence,the serious consequences of serious injury and death often occur to people,the law will be made up of its provisions for the conversion of crime,in direct accordance with the crime of intentional injury and murder.For basic level affrays crimes of China's criminal law stipulated in paragraph(1)of article 292 of the criminal law,the establishment of the it affrays and sin,severe punishment plot and have made specific provision,however,paragraph 2,the relevant provisions on the transformation made is very fuzzy,only pointed out that after the transformation of two charges,for the conditions of the transformation,the main body of conviction,formed into objects,and punishment are the lack of a clear,between different regions and the judicial organs for different provisions,in judicial practice,due to the different applicable regulations and appear different verdict.In theory,the research on the transformed crime of affray should be based on the attribution of "legal fiction",and make clear the characteristics of legality,graveness and continuity,as well as the subjective and objective aspects and the specific contents of the harmful consequences.In the discussion of the disputes between the scope of the subject and the object of transformation that are common in judicial practice,combining different theories and typical cases,the scope of the subject is clearly defined from the perspectives of the party causing the harm,the personnel of the party and the third party outside the case,and the object of transformation is defined from the perspectives of the innocent third party and the participants of the party.It also discusses some controversial issues in judicial practice,such as thetransformation of minors,the analysis of the number of crimes,voluntary surrender and the assumption of civil liability.On the basis of typical cases,this paper puts forward more specific Suggestions,pointing out the scope of the subject of transformation,the application of the principle of severe punishment,the specific definition of "serious injury",and the application of imagination contesting in the case of negligence,so as to form a unified theoretical understanding and guide the development of judicial practice.