Research On Transformation Of Affray Crime

As a form of crime with a high crime rate,affray seriously violates the normal management order of the society.Due to the characteristics of mass and violence,it is usually accompanied by serious injury and death in the process of fighting.Article 292(2)of the criminal law of our country stipulates that the crime of affray is converted into a crime of affray.It is of great practical significance to correctly understand and deal with the converted crime of affray by summarizing the viewpoints of the theoretical and practical circles,clarifying the behavior boundary and related concepts,and then carrying out argumentation on this basis to draw a conclusion.At the scene of the affray,the conviction cannot be converted according to the viewpoint of the law based on the actual result of causing serious injury or death.Although this approach is conducive to reducing the burden of proof of the prosecution,from the perspective of the infringement of legal interest,it is obviously contrary to the basic principle of the balance of crimes to treat the two types of crimes that lack the same gender and the degree of social harm as the same.According to the original meaning of the legislation,and with reference to Jiangsu,Shanghai and other relevant case handling guidelines,the article is regarded as a provision of attention,which can better play the function of drawing attention to the law,so that the judge can make a complete evaluation of the case according to the constitution of the crime to ensure the appropriateness of the crime.Is it necessary to restrict the objective behavior and subjective psychology when judging the aggravating result according to the constitution of crime? Because of the heterogeneity of the converted crime of affray,the determination of the act should be based on the premise that the previous act constitutes the basic crime.For the perpetrators involved in the fight,there should be the subjective intention of gathering people to fight and hurting or killing,and only when there is the transformation of the intention of the crime on the spot,it is necessary to apply the punishment of the transformation crime.Through the examination of the criminal intention of transformation,the responsibility boundary of each actor in the scene of the relatively chaotic fighting becomes clear,which is also an important basis for the distinction between the implementation of excessive behavior and the bearing of actual harm.Several questions of the judicial application of the converted crime of affray should be based on the judgment of the nature of the act,the determination of the facts of the crime and the analysis of the constitution of the crime.In view of this,the article takes the case as the starting point,discusses the crime of affray and its related problems.