(1) Crime of affray

Therefore, criminal activities of affray in any place should be regarded as violating public order.

The crime of affray often causes violations of citizens' personal rights and public and private property rights at the same time. However, it does not infringe on specific individuals or specific public or private property, but challenges the whole society by gathering people to fight, thus posing a serious threat to the whole social order. Therefore, openly flouting the law and social morality and undermining public order are the essential characteristics of the crime of affray.

The objective aspect of affray crime is affray behavior. Gathering fights mainly refers to group fights for personal vendetta, hegemony or other improper purposes. "Gathering people" generally refers to a large number of people, at least not less than 3 people; Fighting mainly refers to fighting with each other by violence, but in different ways. Crowd fights are mostly manifested as fights between rogue gangs, ranging from a few people to more than a dozen people, from dozens to hundreds. They often agree on a time and place, holding a knife and moving a stick, which often causes casualties and social disorder, and is a bad criminal act that seriously affects social order. The cause of the fight is to fight for the sphere of influence, or to avenge the brothers, or to fight for women and so on. In short, it is to show the "prestige" and "suffocation" of a group of people, overwhelm each other and ignore public order and good customs.

(2) Crime of affray.

The subject of affray crime is any natural person who is over 16 years old and has the ability of criminal responsibility. But not all participants in affray constitute affray crime. Only the ringleaders and other active participants in affray can constitute the subject of affray crime. The so-called ringleaders refer to criminals who play the role of organization, planning and command in affray; The so-called other active participants refer to criminals who play an important role in affray except the ringleaders. For ordinary participants, administrative responsibility can only be investigated according to the regulations on administrative penalties for public security, and it cannot constitute the subject of the crime of gathering people to fight.

The subjective aspect of affray crime is intentional crime. Generally speaking, the criminal motive is not entirely for the conflict of personal interests, nor is it simply to obtain some material benefits, but to openly despise the laws and social ethics of the country and attempt to seek excitement or pursue the satisfaction of some despicable desire by carrying out affray activities. The actor lost his moral concept and legal concept in thought, and the standard of right and wrong was reversed. This blatant contempt for social morality and state law and discipline is the most obvious feature of the crime of affray.