Research On The Conversion Crime Of Death Caused By Affray

It is common in judicial practice that the cases of conversion of death caused by affray are quite different in the treatment of such cases in judicial practice.There are often similar cases but different judgments.In this paper,the crime of transforming death caused by affray is taken as the starting point.Through consulting and retrieving such cases,130 cases of practical cases are statistically analyzed,from which four cases with different judgments are selected.Through the review process,the referee results,prosecution and defense of the tripartite view combing legal theory and regional judicial documents to analyze such cases.There are three controversial focuses in the selected cases : the establishment conditions of the conversion crime when the death occurs in the affray,the crime when the death occurs,and which subjects should be punished.Based on the analysis of the nature of the relevant legal provisions and the attributes of the concept of charges,this paper draws the following conclusions : The first crime of transforming the death caused by affray must be based on the establishment of the crime of affray.In the case of death in the process of affray,the victim ’ s subjective mentality is intentional,and there is a causal relationship between the death result and the injuring behavior of the victim.The main body of the second transformation is the primary and active participants.According to the theory of joint crime,whether the two types of subjects have a general summary of the results of death,whether the intentional offender has carried out the injurious act of causing death,whether there is collusion or other help in the injurious act to judge in the scope of the subject of responsibility not in the transformation.Third,this paper analyzes the nature of the legal provisions of the transformed crime of affray and the essential definition of the transformed crime of affray,and holds that the attribute of this clause is not a fiction clause but a notice clause in the event of death in the process of affray.Comprehensive judgment should be made according to whether the subject of responsibility conforms to the crime constitution of the related charges after transformation,and the principle of legality and the principle of subjective and objective consistency should be adhered to to to convict and sentence the subject of responsibility for the death caused by affray.