The Research On Some Issues Of Affray

Affray is a multiple and common crime. In recent years, the frequency of Affray cases also have been increasing.Now Article292 of Penal Code is the only provision of Affray which is the main legal basis in China.Judicial interpretation of Affray crime is not introduced.The multiplicity and complexity of Affray conflict with related simple regulations, which caused more continual controversy.So it is quite important to define the behavior of Affray and the perpetrator's responsibility strictly according to criminal law theory.Distinguishing circumstances of each perpetrator's accurate conviction becomes extremely important.One of the most critical issue is how to take criminal liability in serious injury or death results cases when making serious injury and death, in Joint Implementation and the top suspect with certain condition. Affray of Lee et al. is a typical case of complex case, this article is intended by focusing controversy, to make analysis of the legal aspects,in order to distinguish the crime of Affray and intentional assault and murder more easily,thus to determine the liability of each perpetrator,at last coming to the conclusionPart One,cause of action.Lee et al., who gather made the Affray.Part Two,situation of case,which describes the whole process.Part Three,the focus of the case.According to relevant regulations, Affray causing death conviction should be transformed, into a deliberate assault or murder, the case's focus is the crime of transforming,the key of this case is the conviction,which to choose,assault or murder.Part Four, controversy and disagreement.For this case there are many different opinions, some says it should be based on the direct consequences of conviction,that's murder; other says considering transforming crime,it should be based on objective and subjective aspects of its factors, in line with what Elements of a crime fits, not only according to the results, so that is intentional assault.Part Five, the legal analysis.Firstly, the author analyzes the basic components of Traffic Offense: Secondly, the author makes detailed interpretation of Article292 of Penal Code about Affray, presents the existing explanation of Affray is not comprehensive,which is also too simple.So there should be correct the understanding of "Affray transformation" to fit the scientific meaning.At last,when guilty of Affray in joint implementation of to serious injury, death results,at the same time, the author highlighted the following points: 1, the victims (temporarily using such a title, because the victim may be the perpetrator too.) have a joint harm behavior; 2, Subjectively,they have the direct or indirect intentioninjury of harm or homicide; 3, There's link between the co-harm behavior and serious injury or death, which should be made a comprehensive analysis of causal judgments, one is the direct harm injury, death, the other while not directly causeing serious injury or death results, but it is obviously a help behaviour supporting and cooperating and makes the integral part of the all harm which is also pursed. In this condition,after making clear of all injuries, homicides, it should be fully identified as a joint practice of assault and murder and according to the status of the various actors, share criminal responsibility.Once difficult to identify or when practicing over-limited, there should be precisely identified the joint perpetrator in accordance with the principles of objective and subjective.Part Six, conclusions.Lee makes the crime of affray, Wan, Sun, Chu make the crime of assault.