Study On The Boundary Problem Of Affray And Intentional Injury Crime

China's criminal law in the sixth chapter of the crime of obstruction of social order provides for the crime of assault(Article 292 of the Criminal Law),although the provisions of the crime of affray is a simple crime,in the criminal trial,defense and other judicial practice that But also on the crime of the second paragraph of the judiciary that:in the process of joining the soldiers seriously injured,the death of the results of the transformation and conviction is the reality of the difficulties encountered by the investigators and courtroom defense of the controversy lies.At the same time,when there is a serious injury in the process of arrest,the result of death,whether there is a direct responsibility(that is,the result of serious injury,death results of the perpetrators),the primary and active participants are all converted,criminal law and judicial The interpretation does not make clear and clear explanations,resulting in judicial practice and scholarly theoretical circles for the second paragraph of the understanding of the deviation.This paper mainly through the analysis of the actual case of the crime of conviction crime and the crime of intentional assault and the crime of two crimes,and strive to ensure the balance between the overall and realistic evidence to achieve the crime to adapt.