An Analysis Of The Difficulties In Judicial Application Of The Congregation Brawl

It is a crime to gather people to fight,and the crime of gathering people to fight is a common crime in China,and it is also a crime that obstructs the order of social management.It has a wide audience and is very harmful.It is a typical crime that hinders public order crimes.Therefore,in a modern society ruled by law,how to control the behavior of gathering people has become an important issue that deserves the attention of all circles of law.In the current environment of our country,the criminal law is mainly used to solve such crimes,but the criminal law is only As one of the country's many basic laws,judging from the legal nature of the criminal law,the criminal law should ultimately be in the most basic protection of society.Congregation fighting is a universal social phenomenon.The social hazards caused by congregation fighting are particularly serious,which is likely to cause large casualties and large losses of property.It will cause serious damage to social stability and order,and cause people to lack of social The most basic sense of security.Because Article 292 of the Criminal Law of the People's Republic of China stipulates that the crime of gathering people will only punish the chief elements and other active participants,but not the general participants.Therefore,other active participants and general participants who are on the edge of behavior determination The distinction between them has become the key to the authentication of the crowd.This article is an academic paper on the author's research on the key controversy of the crime of gathering people.The author divides the article into four parts:The first part of the article gives an overall description of the crime of gathering crowds and the behavior of gathering crowds.It gives a holistic bird's eye view of the entire gathering of beating behaviors.The legal interpretation and case analysis are used to clarify the legislative overview of the gathering crimes in China.,Including the concept,characteristics,constituent elements,etc.,conducted a macro-accurate analysis of the behavior of gathering crowds.The second part of the article does a systematic study on the specific identification of the chief criminals and other active participants in the crime of gathering crowds,and analyzes the main conditions of the crime of gathering crowds,and then re-organizes and organizes them.How to determine the crime of gathering crowds and the number of participants that constitute the gathering behavior,systematic analysis and research on a series of issues such as the nature of gathering behaviors for the fight,and intuitive explanation and analysis based on actual cases,so that each Knowledge points are better displayed.The third part of the article is about the controversial issues of the conversion of the offenders in accordance with Article 292(2)of the Criminal Law of China,and the conversion of the offenders into serious injuries and deaths,as well as the occurrence of the acts Conviction and punishment for intentional homicide and intentional injury for change of time.The fourth part of the article will start with the definition of legitimate defense,and describe the constitutional conditions of legitimate defense in legal theory,and then further elaborate the definition of legitimate defense in the crime of gathering crowds;because the requirements of the gathering crowd must meet the requirements The elements of defense,combined with the auxiliary analysis of cases,more directly confirm the application of legitimate defense in the crime of gathering people.Because the provisions of our national criminal law on the crime of gathering people are too general and vague,it has caused greater controversy in determining the behavior of gathering people in public security organs in handling evidence and trials,especially when the conviction results in serious consequences,due to the conversion of the nature of the crime The resulting convictions of injuries or deaths,and how the general participants and other active participants are qualitatively defined in a crowd fight.The author,as a people's policeman and a researcher of law,has already become the focus of disputes and the focus of trial in defense of this crime.