Research On Some Hard Issues Of Crime Of Affray

Crime of affray resolved from the crime of hooligan in criminal law since 1979,it was one of more common criminal acts in judicial practice. Although China theoretical circles have many articles about this crime,there are some issues that are still quite controversial and not be properly resolved. The paper probes into the motivation and purpose of the crime, acts of the crime, "many times"and "holds the weapon",transformation by analyzing the related cases .Crime of affray is the crime of intentional crime directly which has the criminal motivation and purpose. The criminal purpose of this crime is revenge others or hegemony or the other purposes of disrupting the public order. The criminal purpose is one of the subjective elements of the crime; Gathering a crowd is a preparatory act instead of an act of perpetrating; Affraying frequently is a criminal characteristics, requires every brawl acts constitute a crime. Affraying frequently engages in the upgrading of the crime of conditions, and plays a role in sentencing; The scope of people of holding the weapon should be identified from different cases and can not be defined as holding the weapon in a whole; Causing many injuried and dead is the prerequisite of the transformed criminal.Transformed criminal of the affray only requests occurrence of the result not including the understanding to this result.