| The Crime of Affray is a common and frequently occurring crime. Taken into effect on1997, the statute in present Crime Law regulating the crime of affray is too simple and unspecific, which hardly satisfy criminal actual judicial practice and results in various problems in judicial practice. The crime committed by assembled crowds is a kind of crime regarding assembling a crowd as the essential condition, the object infringed is mainly a management order of the society, the objective respect must possess the behavior of assembling a crowd and endangering directly, the subject of crime is mainly ringleader and positive participant, the subjective respect is on purpose directly. According to the regulation of criminal law, the crime of affray can only be formed by ringleader and protagonist, to assert ringleader depends on the functions he played in the crime, and asserting the protagonist should consider implementing the size of role in the crime of affray and to that the subjective malignant. Department of the Crime of decomposition comes from hooliganism, Crime of the common judicial practice is a crime, because of its large number of participants harm to society, combined with "Criminal Law" for the use the Crime of Simple counts of the description and the subsequent judicial interpretation of corresponding nor be perfect, therefore, qualitative in the case of affray and criminal liability there are a number of different take on knowledge of theory and practice led to various disputes, in practice, there co-Different penalty situation is not conducive to the effective implementation of the law. By exploring the legislative intent, and in close connection with law enforcement practice, Crime of the main body of mob behavior and agonistic nature if the act, to proceed, accomplished standards, and other controversial issues detailed theoretical study in order to solve the judicial practice of facing embarrassment, in favor of law enforcement to solve practical problems. |
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