The Practical Study On Crime Of Affray

Article 292 defines Crime of Affray with a simple accusation model and relative judicial explanation is not sufficient as well, which contrasts to the complexity of Affray in practice. We find there are many questions without specific provision to comform, such as how to define a ringleader or a protagonist, whether one party or both parties are required to be three and more persons, some special persons can be counted or not, how to seperate the aggravated circumstances from basic circumstances, one party without the intention commits the crime or not, how to define who should be responsible for the transforming crime and so on. This will cause confusion in judicial practice and destroy the authority of law. So it’s necessary to have a comprehensive discussion about the crime.This article combines criminous composition of Affray, the transforming item with important issues in practice, trying to present some beneficial opinions on this crime.The article is comprised of four chapters.Chapter one is intended to define the people who can commit the crime. It discusses the features of a ringleader, how to define a organiser, schemer and a conductor, hold a position about how to define a protagonist.Chapter two is centering on the objective respects, analyze two conceptions of the assembling behavior and try to prove that one party with three and more persons is enough; it makes deeper research on fight behavior as well. As for the four kinds of aggravated circumstances, the essay pays more attention to discuss how to define “gathering a crowd to engage in Affray for several times” and “gathering a crowd to engage in Affray with weapons”.Chapter three analyzes the intentional content at first; then response to the controversy about whether all parties should have the intention to commit the crime; at last it shows the intentional boundaries between several crimes.Chapter four discusses the transforming item with a new perspective, not only defines the item, but aslo present opinons with three questions in what the fault is, who shoud be responsible for the transforming crime and how to deal with the crime quantity problem.