Research On Affray Transforming Crime

The crime of affray is the provisions of Article 292 of China’s current criminal law. It’s the multiple types, the common form. Has serious social harmfulness of crime. Because of its implementation process is often a significant number. Scenes of chaos and behavior person easy to hold the destruction equipment. Therefore as prescribed in paragraph 2 of article two hundred and ninety-two of criminal law:"Affray, serious injury or death on people, in accordance with the provisions of article two hundred and thirty-four of this law, the provisions of article two hundred and thirty-two of the convicted and punished." The terms of the affray arising causing serious injury, deaths were the consequences of regulation. However, the legislation was too general, too simple, there is no uniform application of law standards, and no legislative interpretation or judicial interpretation, in the criminal law theory and judicial practice applicable to the terms and conditions of the existence controversy, practice has different penalty, affect the judicial application of unity, affect the fairness and justice. Coupled with affray crime it has its distinctive features, affray implementation process, the large number of people involved in acts, both ringleaders, also the active participants, there are direct result of serious injury or death results occur directly virulence, plus the brawl was chaos. Resulted in the identification process of the affray transforming crime, it is often difficult to determine the scope of the specific subject of the transforming crime, the target range of the transforming crime is not clear, after transformation finds the charges recognized standards are not uniform and other issues. These issues must be resolved.This paper is divided into four parts, to discuss the above-mentioned issues in detail.The first part describes the condition of Affray Transforming Crime established. This paper agrees with the objective conditions said. Specifically, the base conversion conditions include a perpetrator who acts constitute the crime of affray, results perpetrator during the affray causing serious injury or death results, the perpetrator of the crime of intentional content does not necessarily translate, these three main conversion conditions.The second part were discussed the subject range of the Affray Transforming Crime. This paper argues that duty to take two cases. One is can identify directly virulence situation, direct virulence and the ringleaders were transformed conviction, but expect the situation that the ringleaders beforehand expressly exclude injuries and mortality results. Second situation is people can not find out the directly virulence. People can identify common virulence, common virulence and ringleaders conversion. No common virulence, just ringleaders conversion.The third part discusses the transformation affrays of crime violations of the object. The author thought, when the perpetrator based on the hit and cognition errors and cause serious injury or death on innocent an outsider, the innocent outsider raises belong to the Affray Transforming Crime against objects, if the offender in affrays other means rear to cause serious injury or death on innocent an outsider, the outsider raises does not belong to affray the Transforming Crime against objects. When the perpetrator board members casualties, he members of one’s own is guilty of the crime of affray against transforming objects.The fourth part on the Transforming Crime of affray charges identified after transformation was discussed. This paper argues that, in the general case, we should follow the "results-turn-based, supplemented by subjective turn" principle. In the case of competing, imagine competing theory should be followed. Follow a felony punishable, for ringleaders should investigate points.