聚众斗殴罪若干问题探讨

聚众斗殴罪的构成要件从形式上摆脱了“如何认定犯罪活动具有流氓性”这一极其含混概念的困扰，也解决了对于聚众斗殴的犯罪动机和目的的含混性。该罪的许多问题还需要进一步的探讨，如聚众的认定和理解，该罪共同犯罪问题，该罪与故意杀人、故意伤害的转化以及责任的认定等。

An Exploration on Several Issues of the Crime of Affray

The constitutive requirements of the crime of affray have extricated itself from the disturbance of the extremely confused concept of how to affirm the rascality of criminal activities,and also solve the ambiguity of the criminal motive and intent of gang-up affray.Many issues of the crime still need to be further investigated,such as the affirmation and comprehension of gang-up,the complicity of the crime,the transformation of the crime into voluntary manslaughter and intentional injury as well as the affi...