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聚众斗殴罪是从原刑法“流氓罪”中分解出来的罪名。该类犯罪属于聚众性犯罪,参与人员多,犯罪情况复杂,而立法上对其规定又较为抽象和原则,因而易在实践中产生争议。2006年9月5日上海市公、检、法联合出台了《关于办理聚众斗殴犯罪案件的若干意见》,对处理该罪作了具体的规定,但笔者认为在对该罪适用过程中仍存在一些问题需要作进一步的探讨。
The crime of affray is a crime that is decomposed from the original criminal law “hooliganism ”. Such crimes belong to mass crimes. They have a large number of participants and complicated criminal cases. However, their provisions in the legislation are more abstract and principled. Therefore, they are often controversial in practice. On September 5, 2006, Shanghai Municipality jointly issued the Opinions on Several Issues Concerning the Handling of Crime of Assembling Underage, which jointly stipulated the handling of the crime. However, I think it still exists in the application of the crime Some issues need further discussion.