| Disturb the crime, not the legislation of the charges there, but our country in 1997, "People’s Republic of China Criminal Law"(the "Criminal Law") when amendments clearly defined.Meanwhile, in the manner prescribed acts enumerated objective aspect of this crime, which provides for four cases."They beat the others, vile" trouble circumstances of the crime as the primary, typical behavior, the court most likely to occur at the grassroots level, a situation occurs most frequently.As the circumstances of the crime committed, it has a plot deficiencies commit.Although, for "vile" is also introduced through judicial interpretation.However, the identification process is still very difficult.Provisions disturb the crime of "beating another person" vague description of the plot, as defined in terms of "casual" how finds serious injury, death and other questionable results occur during the provision did not give.Theorists on these issues filled with a variety of views, in practice there are also controversial handling department, similar cases will have different results.Meanwhile, the relationship between intentional harm and how to define become a major problem.This article from the existing legislation, combined with the cases that arose in practice these issues are discussed, in order to "beat the others’ situations have identified the role of affray.The first chapter The first section is the "they beat the others," an overview of the legislation, as well as the introduction of relevant judicial interpretations, but the situation is not optimistic on the legislation, the actual identification of the role is not obvious.Section II for conduct against the legal interests of the crime discussion, but specifically with regard to this crime against the legal interests are not conclusive.Section III is a combination of practice in the application of the crime is the generalization of the case, and the actual situation of waste stored discuss the dispute, that the current status of the rule of law, the abolition of the condition of the crime has not yet reached, and to the type of provocation trouble to be positioned.The second chapter of the offense defined the word "casual" How asserted.Wherein the first section reviews the current variety of simple understanding of "casual". Starting from the fact that the level of the second quarter, first make sure the "things out without reason" ground assault to be understood as a "casual" can be accepted, then discuss the "accidental" beaten if someone else is "random.".Section considered "casual" or "casual" not only look at the fact that its value depends on the level of the standard to be achieved from the value level. For the fourth quarter that "casual" to affirm the unity of subjective and objective.The third chapter analyzes the dilemma "they beat the others" disturb the crime situation in the judicial practice identified.The chapter is divided into three discusses the following blind spot:First, the assault causing serious injury occurred during a result of death, how qualitatively punishment?Secondly, with case discussions affray in common behavior, the behavior of some people to cause serious injury or death, how other people identify criminal responsibility?Finally, how the relationship disturb the crime and the circumstances of the crime of intentional injury among defined?The fourth chapter discusses "they beat the others’ plot disturb defect legislation, combined with previous research on the proposed legislation to improve the views.Therefore, this article is divided into four chapters certainly disturb the crime in the presence of the necessary premise to study the profile of legislation, criminal justice theory perspective to the confusion, "beat the others’ situations disturb the crime related issues. |
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