A Study On The Judicial Identification Of Active Participants In The Crime Of Assembling Crowds

assembling a crowd is established.However,the Criminal Law only clarified the criteria for identifying the chief element,and did not specify the criteria for identifying active participants.The second is that when “serious injuries” an Gathering crowds to fight severely disrupted public order and should be severely punished.The judicial identification of active participants in the crime of assembling a crowd involves two major issues.One is that Article 292 of the Criminal Law only regulates the affray of chiefs and their active participants,that is,the crime of d“deaths” occur,most people think that the chief actor and the direct actor belong to the applicable subjects of the second paragraph and can be converted into crimes,that is,they will no longer be punished by the crime of assembling a crowd,but will be punished by intentional injury.Punishment for crime and intentional homicide.However,there are different opinions on whether the active participants are involved in criminal transformation.According to the guidance cases issued by the Supreme People’s Procuratorate and the reference cases issued by the Supreme People’s Court,and combined with the latest judgments on the case of gathering people to fight as of March 31,2021,it was discovered that courts at different levels are identifying “active participants” The standards are roughly divided into five situations,and all of these five situations have contradictory judgments,and there are also the same situations that have not been dealt with in the same way,indicating that my country lacks specific legislative basis for identifying "active participants".Will lead to the problem of confusion.Different courts have different opinions on whether "active participants" are converted into crimes.It also shows that when "serious injuries" and "deaths" occur,the legal expression is vague,leading to inconsistent judicial application.In the crime of assembling a crowd,how to conduct judicial identification of active participants theoretically study the current situation and the main controversy,and analyze theoretically how to identify active participants.To clarify the judicial identification standards of “active participants” should be combined with the subjective and objective aspects of the perpetrators in criminal law theory,and attention should be paid to distinguishing chiefs from active participants,and to distinguish them from general participants in gatherings."Active participants" are the principal offenders in joint crimes.Because in the gathering of people to fight,the perpetrator performed more than the general fight(light injury)and seriously infringed the person’s right to health(serious injury,killing),which is a serious harm behavior,because in the "serious injury,killing" criminal facts,Active participants who provide physical or psychological help are classified as helping criminals.It also has the obligation to prevent the occurrence of "serious injury or death" without preventing it,which is an accomplice of omission.In order to solve the problem of different identification standards for active participants in the crime of gathering people to fight in practice,relevant suggestions have been made.Only those who participate in and perform actions sufficient to cause minor injuries or more can be recognized as active participants,hold equipment and use the equipment in fights.Only those who can be recognized as active participants and those with other active roles can also be recognized as active participants.In addition,in order to solve the problem of how to convict the active participants when “seriously injured” or “death”occurs in a crowd fight,it is proposed that negligence causing serious injury or death should be classified as the result of the crime of crowd fight and aggravated offenses.It should be clear that active participants should carry out criminal transformation and be severely punished.