Study On The Constitutive Elements Of Affray Crime

The research on the crime of affray,criminal theory and judicial practice are quite deep,There are also more controversial points in the study.We know that we will meet the same situation of different judges in the judicial practice.The author is also confused about the application of the law,take this opportunity,the author of this crime related issues to carry out a combing study.Based on the basic theory of four elements of crime,this paper analyzes the crime of affray in depth,which is divided into five departments:In the first chapter,this article bases on the criminal object,summarizes the controversy of the object elements of the crime of affray in the academic circles,and interprets the rationality of the single object.It is considered that the application of a single object has its legitimate and reasonable reasons,whether theoretical or practical.The second chapter focuses on the analysis of the practice of affray,that is,"crowd","brawl",the connotation and characteristic of these two words.It also analyzes two controversial views on the implementation of behavioral attribute identification in this crime.When discussing the rationality of single behavior,the author uses the way of negative argument to put forward the rationality of single behavior by expounding some limitations that appear in the practical application of the complex behavior offender.The third chapter analyzes the main elements of the crime of affray,lists out the viewpoints of "three people","four people" and "six people",and proves the significance of "four people said" from the principle of joint relations and practical operationThe fourth chapter interprets the subjective elements of the crime of mass brawl with a large length.Firstly,from the characteristics of brawl it can be concluded that the brawl is deliberately a unilateral requirement,rather than a requirement for both sides.Secondly,from the perspective of historical evolution,based on the latest judicial practice guidance,this paper analyzes the difficult operation and the unnecessary of the rogue motivation in reality...