| The crime of affray is a multiple crime that destroys social public order,has serious social harmfulness,especially since our country carried out the special struggle to eliminate evil and eliminate evil.This crime has become the key crime hit by criminal law in our country.However,due to the fact that the 1997 criminal law imposed a simple crime on the crime of assault,there was a number of disputes in the judicial application of the law in the practice of the crime,and similar cases were different.Apart from the introduction and the conclusion,this article is divided into three chapters,and it analyzes the controversial issues in the judicial practice of the crime of assault.In the first chapter of this article,through collecting three related cases concerning the crime of assault,the basic situation of the case is sorted out and the focus of the dispute is refined.In the second chapter of this article,according to the focus of the controversy refined by the case,combined with the theoretical knowledge of China's criminal law,we carried out relevant legal analysis and put forward the author's own point of view.It focuses on the determination of the criminal motives for the crime of being crowded,the definition of the criminal object of the crime of assault,and the transformation of the crime of assault.Through case one,it is necessary to establish whether there is a subjectively specific criminal motive for the crime of assault,and it is required that the perpetrator be subjectively aggressive or seek spiritual stimuli.In defining the criminal object of the crime of assault,the direct object infringed by this crime is the social public order,but the understanding of public places in public order cannot be too narrow,not only including the relatively concentrated flow of people and the relatively frequent activities of people.Places also include public places where people can travel freely but not privately owned.Through case two,the author analyzes the jurisprudence nature of Article 292,paragraph 2 of the Criminal Law,and considers that the legal nature of the article is neither an imaginary joint criminal nor an aggravating criminal,but is a regulation concerning the conversion of offenders,and Converted offenders should apply legal regulations rather than cautionary provisions.Through case three,the determination of the chief elements in the crime of affray fights is advocated not as a necessity for the chief elements to participate directly in the fightingactivities,as long as they play one of the three roles of organization,planning,and directing in gathering activities.It should be regarded as the chief element in the crime of being crowded.In the main scope of the transformation of the crowds and fights,it is believed that they cannot be generalized and they should be divided into five specific situations to determine the scope of the main body of conversion and the active participants in the crime of fighting in crowds.The third chapter of this article is mainly the research conclusion and revelation of this crime.The revelation part puts forward suggestions on the legal application of the crime of gathering people in the judicial practice.The first is about the criminal motive for the crime of assault and can be used for reference to the relevant provisions of the crime of confusing and confusing.The second is about the transformation of the crime of assault in crowds can be issued with relevant judicial interpretations,clarifying the transformation standards that the crowd fought and causing serious injury and death,and the scope of the transformation of the subject.Finally,in the process of writing this article,the author conducted an analysis and discussion on the basis of combining academic research theories with the most relevant and controversial issues related to the application of the crime in judicial practice by collecting relevant cases concerning the crime of assault.In judicial practice,it helps to reduce the phenomenon of different sentences in the same case. |
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