Research On Applicable Law In Crime Of Affray

Affray is resolved from the crime of hoolifanism in 'Criminal Law 1979'.Because of the simple accusation used in item 292, without specific fomulation oncriminous compositon of this charge and relative judicial explanation, there are manydifferences in academic field to maintain affray and understand the issue of ciminalresponsibility, which has caused the confusion on the crime and the non-crime, thiscrime and that crime, and application of law in judicial practice.The author is attempting to analyze the issues on sbstantive characteristics, legalcircumstances, criminal forms and invert criminal by means of demonstrative analysisand some relative criminal theories, in order to give directions for judicial practice tocognizance crime scientifically and use law accurately.This article mainly involves four sections.The first one is the understanding and definition about the concept and formationof affray. On the base of comparison and analysis of differences in academic field,affray is defined definitely. Affray is ask for at least 3 participants in one side, whichhas direct intent on subjective aspect. As the essential joint crime, it is unneccesaryfor the prime member and the positive participant to be divided from the principal andthe accessory. As the public order which is the object of affray, it involves not onlypublic order, but also non-public order.The second one is the understanding and definition about the legal situation.'Many times' in 'making an affray many times'is the character of identity, but at leastone time is for affray. Under the legal situation of this crime which involves numerousparticipants, large scale and vile social influence, no less than 10 participants should be in this crime. 'Using apparatus' refers to the situation that use or bring apparatus inaffray, or the apparatus is not used actually but attempted to be used in subjectiveaspect.The third one is the issue on criminal forms. It mainly dicourses the abortiveforms, crime numbers and so on, which are the puzzling question in judicial practice.The definition about the commencement of affray should include the periond which isthat the rioters are going to the fighting place after they get together.The fourth one is about the invert criminal of affray. Some invert criminals causepeople serious injured and dead with general intention, while others are dominated bythe transformation of criminal intention. The basic crimes and invert crimes arepossibly the virtual numerous crimes or the formal ones. So the conviction andpenalty measurement about invert criminal of affray should be analyzed specificlly inconcrete case instead of being convicted simply by result. Generally speaking, in ourpresent judicial practice, the prime member with some factor and joint excutivecriminals who has caused people injured or dead should commit criminalresponsibility for the result of serious injuries and death.