Characteristic Of Crime Of Affray And It's Judicial Review

Crime of affray is a certain kind of crime originated from the crime of hooliganism (popular name as "bag crime ") in old version of the Crime Law of People's Republic of China of 1979. Taken into effect on 1997, the statute in present Crime Law regulating the crime of affray is too simple and unspecific, which hardly satisfy criminal actual judicial practice and results in various problems in judicial practice. For the purpose to solve this problem, the author tries to express her views on some hot questions related in order to induce someone to come forward with his valuable contributions on this topic.First, form the objective aspect of this crime, the author analyzes the literal meaning and outside form of this crime, trying to explore its legislation original intention and do researchs on some persuasive questions such as whether or not the crime requests both sides equal reach three people or above and affray requests relative nature and so on.Secondly, the main body of this article has summed up the nine aspect judicial practice problems relating the crime of affray, especially on comparison about various views about persuasive questions such as types of"armed criminal","criminal of crime conversion"and several forms of affray. In addition, the author makes deeply study on the question about how to apply and converse the punishment of the primary criminal with arm under various occasions.Thirdly, the author analyzes the operas difficulties of this crime in practice and provides some suggestion for related legislation.The main characteristics of this article are as follows:(One) Through deeply analyzing the concept and characteristics of affray, the author makes comparison between the crime of affray and similar crime such as intentional injury, for the purpose solving the problem that is to mix up this crime with the similarities.(Two) Based on judicial practice, the author carries out analysis on the concrete cases to illustrate her views on some persuasive questions.(Three) The main body of this article is emphasized specifically on main dispute viewpoint for the common problem that difficult to handles in actual judicial practice. On the basis of such viewpoints, the author brings forward herself on crime of affray, combining with the view form Higher People's Court of Jiangsu Province.(Four) Confronted with current situation, specifically for legislation of affray regulation, the author have brought forward further perfect suggestion on legislation on a analytical basis in progress to abolish or make perfect the current legal system about the crime of affray.