Judicial Determination Of The Crime Of Affray

The crime of affray crime is a charge separated from1979"criminal law" stipulates that the160th rogue crime in thecurrent criminal law of our country,292nd to re do theprovisions. However, prominent, and social conflicts, socialcrime of affray crime is changeable and complicatedsituation does not adapt, Chinese judicial interpretation for the crime of affray has not introduced, the theory and the practice to define standards of prosecution of the crime ofnarration are not the same, so that the practice ofprocessing the crime of Affray case is different, even contradictory, but also lead to some difficult cases of affray. Therefore, this paper intends to through a typical case of affray crime leads to the crime of affray inproblems and disputes that exist in judicial practice, and then on the legislative evolution of the crime of affray.elements, transformation, and other similar charges frommethod theory analysis, the final regression case, in order to identified as the judicial practice of affray to provide reference.This thesis consists of introduction, body and conclusion of three parts, divided into five chapters to discuss. The following specific writing content and ideas:In the first chapter, introduction of case. The focus of this part mainly introduces the case and the case of disputes a typical example of affray cases, lead to the existence of affray crime in the judicial practice dispute.The second chapter, analysis the elements of affray crime.This part mainly introduces the subject, the object of the crime of affray, objective and subjective aspects, and other related knowledge.The third chapter of the main text, distinguish crime and the crime of affray. This part mainly by analyzing the difference between the crime and the crime of affray,clarify the relationship between the crime and thesimilarcrime of affray, in order to more accurately identify the crime in judicial practice.In the fourth chapter, recognition of the transformed crimeof affray. This part mainly introduces how to commit the affray crime of transformed crime, legal basis for thejudicial practice in fighting crime sentencing and reference.In the fifth chapter, decided cases. This part is mainly to solve the problem of qualitative and the first chapter of the example.