The Research On The Retainment Or Abolishment Of The Crime Of Affray

After the independent provision of the crime of affray,Article 293 in the 1997 Criminal Law,and the consequent Law of the People’s Republic of China Crim inal Law Amendment(Eight)and th e provisions of the relevant judicial int erpretations further enriched the connotations of the crime of affray.The series of legis lat ive measures are beneficial to judicial practices.Despite the enactment of the crime of affray reflects the better applic at ion of the principle of nulla poena sine lege and the progress of legislation technology.However,the ambiguity of the provision results in the boundary blur of this crime and other crimes.Therefore,Article 293 plays the role of save clause to some ex tent,which sparked the debate of the academic field and the society.Some people worry about the possibility of the birth of a new save clause.Moreover,some scholars believe that there is no necessity for the self-existence of the crime of affray becaus e of its cross with other crimes and the crime should be abolished.It is an inevit able crucial issue for both the theory and practice circle to lim it the blind widen application of the crime of affray and avoid the repetition of the safe clause.This essay adopts the empir ical method.It proceeds with the legis lat ive background and sources of the crime,and focuses on the core controversial quest ion,that is the retainment or abolishment of the crime.By the analysis of different arguments to the issue,the author views that there is still necessity and value for the existence of the crime of affray.Additionally,the crime needs revision and improvement.Furthermore,the appropriate widen application are suggested for better reply to the demand of the society and efficient solutions to the increasing complex judicial problems.