Affray Crime Subject And Study On Transformation

Including the ringleaders and other active participants in accordance with the provisionsof the Criminal Law of the People’s Republic of China, the affray the subject of the crime, butwhat is meant by the ringleaders and other active participants, the current laws andregulations in China this has not yet specific and clearly defined, soThe judge has largediscretion in the operation of the judicial practice.In addition, the criminal law sentencing forthe crime of affray than the intentional assault and intentional homicide to light, the mostimportant is only ten years in prison, while the crime of intentional injury and intentionalhomicide cases where the maximum is death.Therefore, the measure of the crime of affray istransformed into the crime of intentional injury and intentional homicide, in addition to thefactors to be considered subjective and objective unity, but also according to the specific factsof the case, on different situations should be treated differently.For these reasons, the purpose of this paper is to analyze the main body of the crime ofaffray define the crime of affray conditions for the crime of intentional injury or intentionalhomicide.On this subject of the crime and transformation conditions, academia has beencontroversial, because the subject of the crime of affray and transformation related to thecrime or misdemeanor and felony can rise to adapt the principles of responsibility andpunishment, so its in-depth research and discussion, it is particularly important.If we are tothese two controversial issues to achieve a considerable degree of consensus, then the crimeof affray applicable in judicial practice would be much simpler, but also can promote cases asmooth end is conducive to improve judicial efficiency and conservation of judicial resources.This article is divided into six parts, the first three parts are the cause of action, the factsof the case and the cases focus, the fourth part is the point of view and reasons of the cases ofdispute, mainly around the main body of the crime of affray and the crime of affray how totransform the crime of intentional injury or intentional homicidecrime to expand.The fifth partis the legal analysis, I gathered to fight the subject of the crime, the conversion conditions andcarried out a detailed analysis of argumentation mob fight case process in dealing with thornyissues, not only examples of today’s jurisprudence on the disputed issueacademic point ofview, put forward their own opinions and views on these controversial.Part VI concludes thispart of the main contents include the author Guo Mouchun such as affray case verdict assessment, and put forward their own proposals and assembling a crowd to assault the statusquo.Affray is the crime of endangering the social order, as the rise in China’s rapid economicdevelopment in contemporary society, affray case number and direction of economicdevelopment, this is very inconsistent with the general direction of building a socialistharmonious society in China.Affray charges from the date of birth has been the focus ofdiscussion, not only the legal profession, experts have debated, various parts of the affray caseitself, the complexity and imperfection of the relevant laws and regulations,The provisions arealso different standards, a fair and impartial treatment of such cases in large part.In this paper,a typical case in the affray case, the perspective of the current judicial practice throughin-depth analysis of a typical case, and then one by one to explore the nature of the crime ofaffray and its major dispute, and trying to find afeasibility of the improvement program.