Research On Several Controversial Issues Of Affray’s Transforming Into Conviction

The crime of affray as a mass crime is often involved in a large number of people,the great harm,its social impact is quite bad.In particular,since the reform and opening up,due to the rapid development of China’s economic construction,social pressure and other factors,the frequency of affray assaults rising.However,due to the relative lag of the development of legal construction,China’s criminal law for the crime of affray,especially the transformation of the crime only to do a simple and general provisions,the Supreme People’s Court and the Supreme People’s Procuratorate did not have the relevant judicial interpretation of the guidance given to the unity The And ultimately lead to the emergence of the crime of conviction in the transformation of the relevant issues,different places,different courts,make different judgments,to the people concerned about the concerns of the community.This kind of co-ordination is detrimental to the authority of establishing criminal law,and even more,will damage the construction of the socialist rule of law.The delay of the legislation,leading to the crime of affray occurred in what case conversion,theoretical divergence which subjects transform,based on the analysis of case of theoretical differences leads to affray conviction,and then in-depth analysis,and ultimately its application in specific case in put forward the corresponding countermeasures.This paper is divided into the following sections.The first part,through the typical case of affray,analysis of controversial issues in the case of affray crime,derived theoretical differences of the transformed criminal.The second part,the affray crime changed the conditions in which the author expounds on relevant theories into a convicted condition and combining with the case of affray,premise and condition of the transformed criminal comprehensive analysis.The third part,according to the conditions under which the conviction and condemnation conviction are transformed,the author makes a comprehensive analysis of the preconditions and conditions of conviction and conviction transformed by elaborating the relevant doctrine of the conditions of conviction.The fourth part,combined with the facts of the case analyze the theoretical differences exist fight into a conviction of the scope of the subject,the detailed subject covers the transformation which contains fights,and by determining the ringleaders and active participants defined standards,scope of its final transfer into a conviction of subject makes a reasonable definition.The fifth part,put forward some opinions to improve the results of the trial of the case of the affray crime,the corresponding countermeasures for reference.