Affray Crime Of Problems Identified In The Study

The crime of affray is more common judicial practice of crime, the harm is obvious, not only destroyed the social order, others more often also caused serious consequences of injury or death, the adverse impact on the community should not be underestimated. Article 292 of the Criminal law makes provision for affray, which provides as too simple and rough, resulting in the judicial determination of a difficult situation. Based on the analysis of the case, according to the case of"other active participants"as well as the affray convited criminal law issues,combined with the related theory, designed for the judicial practice of the crime of affray finds that some problems put forward views.This paper is divided into six parts:The first part, cause of action. Yang and Gui affray case.The second part, Describes the circumstances of the case.The third part, the focus of the case. The case is mainly focused on two aspects, one is that whether Shao can be identified as "other active participants"; second is the nature of the paragraph 2 of article 292 of the Criminal law, the conditions and range of transforming conviction..The fourth part, controversy and disagreement. Descrip views focus of the case, whether Shao can be identified as "other active participants" have positive and negative comments; the nature of the paragraph 2 of article 292 of the Criminal law,, the view that the enactment of legislation for the transformation of criminals, but also with a view of it contains into committing the case of competing with the imagination, as well as the attention that its provisions, the provisions of this section also hold for the legal fiction of view; into a conviction for affray The range of identification, has "transformed the whole case" ,"part of the transformation" and "unilateral virulence transformed " other theories.The fifth part, the legal analysis. Consistent with the principles of subjective and objective follow to identify the "other active participants"; with the basic theory of legal fiction, affray of legislative intent, the basic principles of criminal law affray Analysis of the nature of conversion and conviction into a conviction under the conditions.The sixth part, case identification. Case, Shao should not be identified as active participants; Paragraph 2 of Article 292 of the Criminal law should be transformed into legal fiction.