Qualitative Analysis On Atypical Affray Causing Injury And Death

When multiplayer affray causing death and serious injury,the relevant behavior is characterized as intentional homicide and intentional injury,or confused into intentional homicide,intentional injury,or other? For those who are seriously injured,who should bear the responsibility of death,is the chief molecule,the perpetrator,or everyone? In this paper,Chen and others deliberately hurt the case as an example,the atypical affary caused by serious injuries,death behavior qualitative analysis to answer around the "Criminal Law" Article 292,especially the provisions of paragraph 2 of the relevant issues related controversy.This paper is divided into four parts:The first part is the "basic circumstances of the case",describes the case of action,the basic case,the case of disagreement and debate focus.The second part is the "legal analysis of related issues" from the five aspects of the affray crime on the theory of the issue were discussed.First,on the issue of the affray crime on the controversial issues were discussed,such as: Conflict of the "affray" definition,the subtending of the affray crime,identification of the affray crime intermittent termination of the state,the legitimate defense in affray crime and other issues.The Second,the "Criminal Law" Article 292,paragraph 2 of the properties of the discussion and analysis of the main discussion of the provisions of the provisions of the conversion is transforming crime or whether the provisions of imaginative joinder of offenses,is the provisions of attention or legal fiction.The third is to discuss the subjective aspects of the relevant personnel and the determination of the criminal responsibility.Among them,the author analyzes the three aspects of the research on the significance of the subjective aspects in dealing with the death of the affray crime and the determination of the conversion in affray crime with death,and the influence of the special subjective state on the criminal responsibility.Four is the "serious injury,death" transformation of the main responsibility to determine the details of the "seriously injured,death" results bear the responsibility of the problem.Five is the principle of dealing with the affray crime,and the principles of intentional homicide are described in the distinction between intentional injury,murder and mass struggle.The third part of the "analysis and conclusions of this case",for the case of differences of opinion,the focus of controversy,according to the relevant legal analysis,that the defendant Chen,Wang,Zhang and others constitute intentional homicide;And so on 11 people belong to the affray crime;Ding and others constitute the crime of affray.The fourth part of the "case of the revelation",through the case analysis and research,proposed the development of relevant judicial interpretation should clearly standardize the "affray crime";affray crime is not a correspondence offense;criminal law Article 292,paragraph 2 belongs to the transforming crime and legal fiction;In the circumstances of the death of the people,the direction of the intentional injury or the intentional homicide should be determined on the basis of the principle of intent to kill,and so on.