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The Practical Study on Crime Affray

Author: ChenYue
Tutor: ZhangShaoQian
School: Shanghai Jiaotong University
Course: Criminal Law
Keywords: Affray Constitute a crime Statutory circumstances Patterns of crime Transforming Crime
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 35
Quote: 0
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Abstract

After the 1997 amendments to the Criminal Code will this crime seriously disrupting social order affray isolated from the 1979 Criminal separate sin . Substantive departments of刑法理论界and judicial definition of this crime , constitute a crime , criminal form fuzzy understanding , understanding different . This paper attempts to constitute , under the criminal law of several criminal from the crime of aggravated plot crime patterns and conversion in four areas to explore , and efforts to explore solutions to some of the legal application of judicial practice . The first part of this article on the crime of affray crime constitutes analysis : the main body of this crime for the general subject , not the identity of committing . Ringleaders and active participants define and clarify the \Subjective aspects of direct intent , the motive for the crime , not the crime of the establishment of the necessary conditions , and fight both deliberately does not necessarily have the duality . The object of this crime is the direct object of the public order . The objective aspect of mob behavior and agonistic behaviors . The second part is the understanding of several aggravating circumstance of the crime of affray and finds that: \The applicable number of affray , large-scale social impact \\The third part of the article focuses on the crime of affray morphological question: of affray Accomplished , \The affray unfinished form , preparation for crime , crime aborted and attempted crime . The fourth part is the analysis and discussion of the transformation guilty of affray crime of affray into committing the conversion necessary to the establishment of the crime of affray , should follow the principle of subjective and objective consistent \specific identification .

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