Research On The Transformed Offender Of Affray Crime

As one of the crimes of breaking up the crime of hooliganism,the crime of mass fighting is stipulated in Article 292 of the Criminal Law of China.The crime of mass fighting involves a large number of people,chaotic scenes,and often carrying deadly weapons.Therefore,it is easy to lead to serious injuries and deaths.It not only undermines public order,but also infringes on the lives and health rights of others,and is seriously harmful to society.For this reason,the second paragraph of Article 292 of the Criminal Law stipulates that the result of serious injury and death caused by mass fighting should be converted and convicted.However,due to the simple and vague expression of the terms,there is controversy in the theoretical circles and the application of the law in practice is inconsistent.Therefore,the study of the problem of the conversion of the crime of mass fighting is of great significance in theory and practice.This article starts with the concept of transforming the offender,defines the concept of transforming the offender into the crime of mass fighting,and analyzes its characteristics.On this basis,the nature of the transformation clause of mass fighting crime is demonstrated-legal fiction.Based on the theory of crime constitution and combining with the nature of the crime transformation clause,the article determines that the crime of mass fighting should meet three conditions,that is,the prerequisite condition is the establishment of the crime of mass fighting;The objective conditions are the appearance of serious injuries and death results;The subjective condition behavior person has subjective intention or negligence to the serious injury and death result,that is,subjective has sin.Because of the large number of participants in the crime of mass assault,it is very important to determine the scope of conversion convictions.On the premise that the main body of the crime of mass fighting is the primary element and the active participant,the author makes a concrete analysis of the transformation subject.