The Application Of Article Second Of Criminal Law292Nd

The affrays crime is the more common crime, common crime in judicial practice, because it often gathered in more, bad social influence, on social order and people’s life and property pose a serious threat, has also hit one of the focus of the crime to the criminal law. Paragraphs2in1of article292of the criminal law stipulated the affrays4kinds of aggravating the plot, the other provisions of causing serious injury or death in the process of fighting, article234convicted and punished in accordance with article234of the criminal law, respectively. The rule thus increased the seriously injured in the process of fighting, the death penalties. But the nature of the clause, into the body of the scope, the problem such as the scope of the victim, no matter in theory or in practice there are major differences, which affect the qualitative and processing of the case. The author tries to start from the above several controversial issues, to comb, relevant opinions and make deep analysis on the legal provisions.This article is divided into three chapters. In affrays is described in chapter1, the SINS of serious injury or death on people in the form of several main points, and the author analyses several opinions about this. On this basis, the author of the second paragraph of article292of criminal law is the legal nature of legal fiction or pay attention to the provisions of the detailed demonstration, and puts forward for affrays form causing serious injury, or death of intent and negligence are’s point of view.In the first section of the chapter2, the author introduced about affrays serious injury or death on people’s main area of several main points, and analyzes its. In section2of this chapter, the author according to the can determine fights the subject with the results of injury, death, divisions of causality, to cause serious injury, death, the results should be the main responsibility of the what in detail in this paper In chapter3of this article, the author discusses the criminal law article292"serious injury or death on people" in paragraph2what are the scope of the victim, and cause serious injury or death to affrays how the two special cases of the treatment are analyzed. In this chapter, the first section, in the fight serious injury or death on his own personnel how to deal with, to view in this paper, the two main differences, and agree with the author "in the process of fighting, personnel serious injury or death caused by his side, do not affect the ringleaders constitute intentional injury or murder" point of view a detailed argument. In this chapter, the second section, in the process of affrays serious injury or death on innocent third party how to deal with are analyzed. And in the process of fighting to third person innocent casualties, shall be the direct cause harm and the ringleaders, according to the views of intentional injury or murder convictions punishment.