| Crime of affray is a model of the crime of disrupting public order, which has high incidence in recent years. It has a serious social harmfulness. And causing serious injury or death in the course of affray as one of aggravating circumstances is a main attack point of legislators and practitioners. However, our country's relevant laws or regulations of criminal law and judicial interpretations is not perfect at present, resulting there are different theories of their point of view in academic circles, and the identification of this is not uniform during judicial practice. So, this page begins with a typical case of the relevant disputes involved, attempts to analyze the characteristics of offence transformation of affray crimes, the scope of subject with legal responsibility, the number of crime problems, and the conversion problem of causing the third people serious injury or death outside the case. |
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