Approach To The Problems On The Intentional Injury Crime And Its Sentencing

Crime of intentional injury is more prone to be committed in real life. The author has been doing procuratorial work for many years, in particular in the public prosecution for 3 years and thereby developing deep understanding of intentional injury. Take the grass-roots Procuratorate of Zhejiang Province as an example, the number of the intentional injury cases accounts for at least 1/4 in the criminal cases. The social problems caused by intentional injury have also increased, which has raised the public concern in the theory research and practice of intentional assault operation. Meanwhile, the crime of intentional injury is an ancient crime in our country with several years of legislative and judicial changes. Today, the legal provisions on the crime of intentional injury has been detailed and the corresponding judicial system has gradually been established as well. However, the new problems occurring in practice are the continuous challenges in the theory establishment, legislation and judicial perfection of intentional assaults. At present, there is more extensive research undergoing on the intentional assaults in China group of criminal law. They have reached agreement on a number of issues, but there are still many controversial ones required further study。The author entered the Chinese academic literature CNKI pool website and searched the topic of intentional injury by choosing the publishing date from 2000 to 2010. There are 1754 records. Among which, there are 672 records about criminal law. The data are from China's important full-text newspaper database, web and publication of China Academic Journals database as well as the databases of excellent dissertations for master degrees. After carefully reading the articles related to the crime of intentional injury and retrieving and selective reading the relevant articles which were published before 2000, the author found that the professional field showed different concern on the research on intentional injury and developed various research branches and gained different results after the founding of new China. The initial study was more about the constitution of intentional injury, the determination of the offense and being guilty, the differences between intentional assault and other crimes, especially homicide and so on. There is heated discussion on the setting and sentencing of intentional attempt to commit assault, mental injury, agreed injury, joint injury, punishment to the crime of intentional injury issuesIn conclusion, the author believes that although some studies have been taken in the current criminal law field about how to identify the mental harm cause by intentional injury, Attempted intentional injuries, victimization and other issues, they are still controversial questions. Some attention have been paid to victims fault, joint intentional injury and the identification of injury consequences, the research is not deep enough, particularly in the effect on the identification of the disability, the disability time and duration. The parts of the use of sentencing of the criminal mayhem reconciliation and the probation are lacked in the research. Therefore, this article will practice the legislative and judicial proceeding based on the actual work and existing research results. By analyzing the subtleties and shortcoming of them and learning from the legislations from different countries and regions as well as accumulating the empirical data and cases, the author tackles the difficult problems which requires further investigation and thereby present the opinions and reasons as well as provide recommendation on the perfection of China intentional injury legislation. Hopefully, it will be beneficial for the improvement of the legislation and the judicial practice of intentional injury cases.