Discussion On Some Problems About Application Of Law In Crime Of Affray

The crime of affray is the common accusation in the judicialpractice. For the present legislations just over-simply state it, thereis much controversy in the problems of understanding theconstitutive elements, mastering the crime and non-crime,distinguishing the crime and the other crime, cognizing criminalaction. The People’s Supreme Court and Procuratorate still haven’tissued the relevant judicial interpretation. But the judicialanthorities of Shanghai and Jiangsu have issued directive opinionson handling cases of affray, which afford directions on clarifiedproblems. The author in this article researches the cases handled inpractice and focused in internet, contrasts files, analyzes problemsabove-mentioned about application of law, in order to help thejudicial practice develop.