Research On The Judicial Identification Of The Crime Of Affray ——Take The Case Of Xiao And Zhang Gathering A Crowd As The Example

In recent years,the number of crimes of gathering and fighting has been increasing year by year,and the proportion in judicial practice remains high.It is a common and frequent type of crime.While seriously destroying social and public order,this type of crime is also prone to personal and property damage.The rights and interests are violated,and the society is extremely harmful.In addition,crowd fights can easily lead to the growth of underworld forces.Therefore,cracking down on gang fights and crimes in accordance with the law can not only help maintain social harmony and stability,but also has great significance for ensuring the safety of citizens’ lives and property.The crime of assembling a crowd to fight is stipulated in Article 292 of the Criminal Law of my country,which is located in Section 1（Crimes of Disturbing Public Order）of Chapter VI of the Criminal Law（Crimes of Obstructing Social Management Order）,and is expressed in the form of simple charges.Although the judiciary has issued some judicial interpretations for this crime,there are still a large number of issues that have not been explained,resulting in different opinions on some issues related to this crime in the theoretical and practical circles.It includes issues such as how to determine whether the crime of assembling a crowd to fight is established under special circumstances,and determining the number of crimes for the crime of assembling a crowd and the crime of intentional destruction of property.This article takes a recent representative case of gang fight as an example to carry out a practical and theoretical analysis and research on the above problems.This paper is divided into four parts:The first part,the introduction.It includes the background of the selected topic of this paper and the main content of the research,the research methods used in the development of the paper,the important and difficult problems encountered in the research of the paper,the innovation of this paper and the significance of the research.The second part,the basic facts of the case selected in this article and the focus of the dispute.Focus on summarizing the opinions of all parties in this case,and sort out the main dispute points involved in this case based on different viewpoints.The third part is the application of law and case analysis.Focusing on the basic case facts and the focus of the dispute,combined with the relevant cases collected by the Judgment Documents Network,and based on the perspective of judicial practice,this paper focuses on analyzing the elements for the establishment of the crime of assembling a crowd,discusses various controversial views on the crime of assembling a crowd,and deeply analyzes the crime of assembling a crowd.As to the number of crimes of brawl and intentional destruction of property,finally,in view of the focus of this case—whether the two parties to a gang fight should constitute an attempted gang fight or a completed gang fight,I came to my own conclusion.The fourth part,thinking and suggestions.From the standpoint of judicial practice,in view of several difficult problems that may exist in the judicial determination of the crime of gathering a crowd to fight,some personal legal thinking and practical suggestions are put forward.