Affray Behavior Of Criminal Problems Research

In recent years, because relative regulations on the affray crime of our country stay on a macroscopic aspect, and affrays case's own complexity, affray crime has become the focus discussion in academic community. Besides, it brings certain difficulties to justice, leading to different conviction of the same case, and different punishment of the same crime. By analyzing a judicial practice of a specific case, the crime of affrays launch concrete in this paper.This article is divided into three parts.The first part: the basic facts and focus of dispute. At the beginning, this article states the basic facts and verdict result, and then puts forward two focuses of dispute: the first one is whether the defendant Mr.Fang constitutes the crime of Affray. The second one is whether the defendant Mr.Fang should be identified as "ringleader".The second part: case evaluation. This article makes a concrete analysis of the word crowd's meaning, the performance of gathering and conducts a comprehensive understanding for affray's behavior, in order to have a better comprehension of the essence of affray crime; the identification of ringleader.By comparing the identification standard of the ringleader in criminal law with this case recognition,this article points out that the identification's focus in the specific case of the judicial practice; Clearly defined affray crime boundaries with other crimes.The third part: suggestions. This part mainly puts forward author 's opinions on perfecting the affray crime.