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Affray Practical Research

Author: HuangYanHong
Tutor: LiLiZhong
School: Suzhou University
Course: Legal
Keywords: affray melee deliberate and active participants in the primary molecular
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 102
Quote: 0
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Abstract

Affray is a common judicial practice charges, but the existing legislative provisions of the crime had lost the simple, practical result of the affray in the understanding and application of criminal law theory differences. In this paper, judicial practice, combined with case study, the combination of theory and practice, and to clarify the basic theory of the crime problem, and efforts to explore solutions to the judicial practice, there are some legal applications.In this paper, affray common problems in practice were studied. This paper argues that the crime of affray protection of legal interests of public order and citizen’s personal rights, property rights must be protected in order to gather together to fight crime as the center of legal interests, to understand the various elements of the crime of affray. Acts of affray and assault by the mob behavior of each combination of behavioral, mob behavior does not have sex together, fight together acts of nature. Affray must have rogue motivation, subjective intent to deliberately melee that both sides need to be intentional with the brawl. Affray with the main body of the primary elements active participant, the primary elements are the principal, active participants can distinguish between the main accomplice. Affray results of aggravating circumstances in the armed affray, fighting in the fight does not require the actual use of equipment must be, affray armed acts of Africa whether to recognize the "armed mob fights" should be based on co-perpetrator of the armed one’s own knowledge and attitude, sub-case. Conviction for affray into the main body of the bearer shall be determined with affray common criminal characteristics, objective and subjective elements of human behavior and the behavior of people with serious injuries, death cause and effect relationship between the results of the analysis to determine the specific, the primary elements and actively participate in only in certain conditions of causing serious injury and death consequences of criminal liability. Finally, the paper in order to gather together to fight crime as the center of the protection of legal interests, to the objective aspect of the crime, the subjective aspect and other criminal law based on the principle, combined with related cases, most Analogues Wei River to the practice of crime and affray (common) the crime of intentional injury, affray and civil disputes caused by the melee behavior differences were discussed.

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