Studies On The Judicial Recognition Of The Crime Of Affray

Crime of affray comes from the hooliganism, the160th in "Criminal Law’ in1979in our country, it is a new criminal name that is independent after the decomposition and cancelation of hooliganism. This kind of crime is one of the most common and multiple ordinary criminal offenses in judicial practice. Although China’s current "Criminal Law" Section293has made clear definition on the objective elements of this crime, and then has made relevant judicial interpretations to make more detailed regulation on the plot. However, due to the diversity of behaviors of this crime and the complexity of convicted plots in practice, there are still many difficulties for the judiciary to identify the crime correctly. The first chapter is an overview of the crime of affray, it introduces the legislative history, the concept definition and reasonable position of the crime of affray, which describes the value of this crime. The second chapter is the recognition of the subjective aspect of the crime of affray, focusing on the study of the subjective motives of the crime of affray. The third chapter is the recognition of the objective aspect of the crime of affray, mainly analyzing how to convict the four episodes and convicted plots of this crime. The fourth chapter is to define the crime of affray and other related crimes, hoping to provide a reference for correctly distinguishing this crime and other crimes in the judicial practice. This thesis aims to solve the difficulties in the conviction of this crime in judicial practice through the discussions of these four chapters, which will benefit the judicial application.