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聚众斗殴罪定义虽然明确,但单方具有聚众斗殴故意的行为是否也应认定为聚众斗殴罪在理论上和实践中颇有争议。本文认为应从聚众斗殴的字面意思、客体以及主客观方面来看不构成聚众斗殴罪。
Although the definition of crime of affray is clear, whether or not unilateral acts of aggression and aggression should be considered as a crime of affray is quite controversial both in theory and in practice. This article argues that it should not constitute a crime of affray and assault from the point of view of the rage, objectification and subjective and objective aspects of massacre.