Crime Of Willful Injury

The criminal Law article 234 provides the deliberate hurt crime. Compared with that in 1979, its regulations are more definite, and the legal punishment are adjusted a lot. The revised regulation, especially for the improvement of the legal punishments shows that the criminal legislation shows great concern with citizen's health right and protect emphatically. It fits the necessity of protecting human rights, it is the more necessity to strike crimals who hurt others as their will. In this article, the author begins with the concept of deliberate hwt crime, analysises the crime structure and the judical evidence of other crime boundary line, explores deliberate hurt crime stopping form and improvement of regulation, and so on, hopes it will do benefits to our crime legislation and the practice of udicature.Deliberate hurt crime is to hurt others' body and health deliberately. Its crime object is human's body and health rights it is restricted relatively narrow, basically it indudes the hurt of body organization and the loss of body organ. As the scholars said, it is not what the kind is to decide certain rights and interests as crime object but the extent of being hurt. It is that the body organisation is hurt or the loss of organs for the object of deliberate hurt crime.The deliberate hurt crime includes three objective aspects : (1) The man who carries out illegical actions to hurt other's body and health; (2) It has the results of hurting or death; (3 ) It has reason and effect relations between hurting action and the effect of death. The author thinks that the relations of reason and effect between hurting 1 effect. But for the point of deliberate hurt to death, the reason anc hurting action and the results of death will be shown as internal reason and effect relations when hurting action causes the hurt to death, when hwting action causes the hurt to death if any conditioned ,they will be shown as indirect occassional reason and effect relations. In this circumstance, the presupposition of duty that the hurting man willtake responsibility for the hurting man uses the objective facts that is to happen, is happening, or has no pausing hurting action.The subjective aspects of deliberate hurting crime includes the factors of will and awareness. Generally, the factor of awareness includes: (1) Aware that his or her own actions will hurt others, (2) Aware that he or she is carrying out hurting action as certain way, (3) Aware his or her own actions will cause others to hurt lightly or heavily; ( 4) Aware the development of reason and effect that his or her hurting action and accusing others hurt lightly or heavily.The crime law restricts the crime subject of deliberate hurt crime as natural man and provides definitely for two points : (1) One who is past sixteen and has crime duty applies to deliberately hurt others' body and health, (2) One who is past fourteen and has crime duty applies to hurt other's body and health ,even cause others tobe hurt heavily or death. According to current legislation, the author thinks it necessary to enlarge the crime subject to unit.About the maintaination of deliberate hurt crime, the author thinks first the board line between crime and no crime should be divided definitely, then the crime and other crimes. Besides, there exists deliberate hurt action: when the acting man breaks the law because ofother aim, his action is involved with hurt action, it shouldn't simply follow the principle of making sentence heavily according to one but distinguish them. According to crime law, it should be declared gulity aimly and deliberately.Finally, the author puts forward for many pieces of advice to current crime law. One, who causes others to hurt lightly for many times and people should be sentenced over three years to ten years, but for those who cause others to die sholld be senterced too.The author malles the exploration and consider that article 234 should be amended as following:Article 234 those who hurt others bodies deliberately should be sentenced 3years imprisonment...