A Research On How To Identify The Transforming Crime Of Affray

As a type of mob crime, the crime of affray often the number and scale of thesocial order has enormous destructive, which has a greater degree of complexity in theidentification and treatment of criminal justice. Injuries occurred during the affray,when the result of death, how transformation conviction, it is important and difficultcurrent judicial practice concerns.The article first introduces the basic knowledgeabout transforming crime and transforming guilty of affray, and then pointed foundguilty of affray transforming doctrinal differences exist, and then expand thetheoretical analysis about the doctrinal differences, finally proposed to resolvedoctrinal differences judicial countermeasures.The focus of this article is guilty ofaffray transforming the identification, the text will focus on the focus to start on.Paperis divided into four parts:The first section provides an overview of affray committed transforming relatedcontent.First, through the analysis stage in transforming crime theorists existingdifferences, thus defining the concept of transforming crime.Second, the argumentcriminal law affray causing serious injury, death is typically prescribed transformingcrime, and the transformation of the concept of guilty of affray define.Third is toexamine the status quo mob brawl transforming crime, including legislative andjudicial status of the status quo,The main part of the legislative status quo legislationdoes not explicitly specify the conversion and transformation of the standardrange.The main part describes how the judicial status of the current judicial practicefound guilty of affray in the transformation.The second part discusses found guilty of affray transforming doctrinaldifferences exist.Since transforming guilty of affray lack of clarity in legislation,leading to a theory and judicial practice, the subjective conviction for sin in the formof transformation with the main scope of disagreement.This section details thedifferences with the main scope of subjective guilt, and make a briefreview.Subjective conviction for sin transformed differences, mainly indirect deliberately said there deliberately say, negligence, said,"intentional+negligence," said the four different perspectives.For the main differences between thescope, there are a whole transformation that ringleaders and direct conversion ofvirulence that individual transformation, said three different perspectives.The third part describes affray found guilty of transforming the basic principlesto be followed, and on this basis, the analysis found guilty of affray in the presence oftransforming theoretical differences.First convicted of affray transformed the legalbasis is to adapt the principles of criminal culpability, transforming affray found guiltyof criminal culpability must be adapted to meet the requirements of the principle; then,the unity of subjective and objective principles are found guilty of affray in thetransformation of the criminal law must be followed in principle, the behavior of theperson’s subjective guilt and intentional assault, intentional homicide case inconsistentsubjective sin, is not identified as transforming crime; Finally, affray is simplecommon crime, transforming found guilty of affray in the process, we should consider,"part of the implementation, full responsibility," the principle of attributionrequirements, but can not be unrelated to the subject of transforming into the mainscope of affray committed.Part IV discusses how should solve affray found guilty of transforming thetheoretical differences.his section discusses the basic text on the front, pointed tosolve found guilty of affray transforming theoretical differences, without the need tochange the law, you only need to improve the judicial treatment.Three subsequentlymade recommendations to improve the judicial process:First, a clear prerequisite fortransforming conviction, purpose of doing so is to limit the scope of the subjecttransformed conviction;Second, a clear conviction subjective sin transformed content,aimed at resolving found guilty of affray transforming differences subjective aspectsof sin;Three main responsibility is clear conviction transformation, specificallyanalyze which actors may become the subject of conversion conviction.