Research On The Judicial Determination Of The Affray Transformation Crime’ Subject

The criminal law of article 292(2)of the People’s Republic of China stipulates the crime of affray transformation,but the subject stipulation of affray transformation is not clear,specially,it is difficult to identify the transformation of the direct perpetrator,the ringleader,the active participant and the subject when we don’t know the circumstances that caused the attack.The core of the problem lies in two aspects,On the one hand,it is the determination of the subject transformation scope,on the other hand,it is the determination of the subject transformation method.The former directly leads to the inconsistency of the application of article 292(2)of criminal law in judicial practice and becomes a difficulty in judicial practice.Due to the difference of identification methods,the latter has led to continuous differences in academic theory.And so,Based on the effective judgment formed by the judicial practice department,this paper makes empirical research and judgment,and excavates the core problem of the uncertainty of the subject of transformed offender in article 292(2).This paper theoretically analyzes the transformation of the direct perpetrator,the ringleader,the active participants and in the case of the unclear identification of the harm caused by the transformation from two aspects of the transformation scope of the subject and the identification method,and finally forms a theoretical view in order to provide theoretical help for judicial practice.