聚众斗殴罪司法认定中的若干问题研究

Research on the Defining of the Crime of Affray in Judicial Practice

聚众斗殴罪系从修订前《刑法》规定的流氓罪分解而来.作为一种较为常见的犯罪行为,该罪的设立对打击扰乱社会管理秩序的犯罪、维护社会稳定具有重要作用.但司法实践中对该罪如何正确界定尚存不少争议,本文试对该罪在司法认定中易产生争议的几个问题作一探讨.

The crime of affray is decomposed from hooliganism set by the previous Criminal Law. As a common and frequent criminal act, the establishment of such a crime plays an important role in fighting against the crimes disturbing the social order and in maintaining social stability. But the way to correctly define the crime is yet controversial in judicial practice. This paper attmpts to discuss several controversial issues which are easily generated in the judicatory cognizance regarding the crime of affray.