Of the Crime Deemed to have committed 92 second paragraph states: affray, causing serious injury, death, in accordance with the provisions of Article 百 34, article 32 be convicted and punished. Caused the affray were in serious injury or death and could not be convicted and punished according to the results, strictly according to four conditions that constitute a crime under the circumstances of the case to be convicted and punished. The following reasons: 1, Crime basic theory of criminal law theory is the cornerstone of our criminal law constitutes a direct manifestation of crime and implement the principles of subjective and objective elements of the unity of conviction, not strictly determined by the theory of criminal offenses constitute a source of water on , a forest without trees. 2, the object of Crime of violation of social order, in practice, often accompanied by a pair of public and private property and civil rights violations, the situation more complicated, strictly determined by the theory of crime constitutes a crime, and help unify thinking, correctly convicted Chufa . 3, in strict accordance with the theory of crime constitutes a crime is also beneficial to identify the transformation of criminals, the only harm caused by criminals who deliberately killed the victim, if the set intentional homicide, not only refuses to accept criminal mind, not in line with consistent subjective and objective principle, be intentional assault to avoid the above situation. Second opinion, in practice there are some difficulties in operation, the following specific application on how to talk about our views. Can not identify the person directly responsible in the case, not all of the fights caught recognized as intentional murder, the only response to the first molecule or the person directly responsible for voluntary manslaughter. Affray cause deaths, in the most important elements and can not be determined directly responsible for human cases, the common perpetrators of the acts should be characterized as intentional homicide, active participants should be characterized as acts of the crime of affray. ?First, the direct affray causing serious injury or death penalties to be imposed according to the specific circumstances of the case. Intentional homicide, if the four elements constitute a complete, according to the principles of subjective and objective should be identified consistent with intentional homicide. Deaths caused by intentional homicide (Accomplished) convicted and punished, to cause serious injury by intentional homicide (attempted) convicted and punished, resulting in serious injuries as a deliberate plot to kill to consider in sentencing. Conversely, if the crime of intentional injury of four elements constitute the complete and should be recognized crime of intentional injury. Intentional homicide and intentional injury is difficult to distinguish, and convicted and punished according to intentional injury. Both murder and purposely hurt, according to the two sentences combined. Ringleader of a gang crime, according to the implementation of all crimes committed by members of the Group combined, are required at this point, there is a single affray causing serious injury or death circumstances, the primary elements of the crime will not be gathering to assault. Criminal law involved here Implicated in punishment theory. Implicated is that in a criminal purpose, and criminal methods (means) or the result so involved in committing other criminal offenses. Criminal law theory, on Implicated not apply to graft, but should break from the office of a felony. The primary elements of the crime and direct to cause serious injury or death of persons convicted of is a manifestation of the principle that in the affray causing serious injury or death in the crime of intentional injury respectively, or intentional homicide. The case of affray there many times different, if one of them does not lead to serious injury or death, ringleaders of the crime still be gathering to assault, and the implementation of The Combination with other crimes. The reason is found in the second act constitutes the crime of affray, affray shall be convicted and punished. ?Second, affray, intentionally hurts people sustained minor injuries and intentional homicide (attempted), the victim can not constitute serious bodily injury or assault by intentional homicide punishment? Deemed to have committed 92 in the second paragraph in the affray causing serious injury, death or intentional assault by intentional homicide punishment. The victims did not die and does not constitute a serious injury case is not provided for. From the judicial practice of view, criminal law and judicial interpretation are not required, generally identified by the criminal law theory to analyze. Intentionally hurt in the affray to cause minor injuries, according to a felony penalty Implicated from the principle of punishment by convicted of affray. Intentional homicide in the affray in the (attempted), the victim does not constitute a serious injury, the result of deliberate homicide was higher than the statutory maximum sentence of the Crime of the statutory maximum sentence, according to the principle of Implicated punishment should be determined Homicide (attempted). In the criminal law and judicial interpretation before the introduction of any new regulations, according to the principle of punishment to be convicted and punished Implicated should be effective and feasible.