Comparative Study Between The Crime Of Defiance And Affray By Random Beatings And Of Intentional Injuries

In terms of behavioral pattern, the behaviors of defiance and affray by random beatings overlap the intentional injury behaviors. Therefore, there is confusion between the application of the crime of defiance and affray by random beatings and of intentional injuries in judicial practice. Based on the current judicial situation of these two crimes, this thesis makes comparative studies of the basic theories of constitutions of these two crimes. It is, thereafter, to provide an easy, objective and stable judicial application method for these two crimes. There are four chapters:Chapter one is to mainly introduce the current judicial situation of the crime of defiance and affray by random beatings and of intentional injuries, and the causes of judicial dilemma in determining these two crimes.Chapter two summarizes differences and similarities by comparing the constitutive elements, such as objects, objective aspects, subjective aspects, and so on. Furthermore, it points out that it is meaningless to distinguish these two crimes through "rogue motivation". Therefore, it further discusses the related theories of these two crimes by analyzing the case of Fang zhouzi and Fang Xuanchang who were attacted.Chapter three is to question the current standard for differentiating these two crimes and illustrate by cases. It is suggested that, for the crime of defiance and affray has not been abolished yet, it is better to jump out of the restrictions for judicial practice, explain accurately the relationship between the crime of defiance and affray by random beatings and of intentional injuries, and thereafter provide an easy, objective and stable judicial application method for these two crimes through imaginative joiner of offense.In the case of two persons jointly causing disturbances by random beatings and resulting serious consequence, it is difficult to judge whether the joint offenders or the party causing casualties directly should take on the responsibility in judicial practice. Chapter four analyzes the above case from the aspect of joint crimes in order to provide some guidance for practice.