The Qustions Of Circumstances In The Cases Of Flesh Wound

The cases of flesh wound are the cases which are stated by the first item of 234 provision of Criminal Law, which means"resulting in the others'bodily injury intentionally sentences to three years set term imprisonment, criminal detention, or control."The quantity of the cases of flesh wound has grown quickly year by year, which become the important factor that can affect the social stability. In practice, the results of dealing with the cases of flesh wound are very different. Because of dissatisfaction for the results, the phenomenon of the petition and the abuse of petition is formed, which result in the serious waste of the judicial resource. This article will mainly talk about one of the factors of the case of flesh wound, which is circumstance problem. Hope to provide some ideas for the difficult problems of the judicial practice. The article includes two parts that is preface and text. The text includes five parts.The first part is to elaborate the basic concept and the character of the cases of flesh wound. This part falls into two sections. Before the first section, it elaborates the definition of the cases of flesh wound. For first section, it talks about the legal characteristics. The second section is to analyze the fact features of the cases of flesh wound; base on the analysis for lots of cases of flesh wound, we can get the fact features.The second part is to induce and classify the cases of flesh wound using the empirical method. This part will answer to these questions: whether many existing circumstances will appear in the cases of flesh wound; which circumstances have the value for the cognizance of the cases of flesh wound and what kind of value does it have? The first section is to elaborate the definition and the character of the circumstance and the circumstance of the cases of flesh wound has the circumstance of the Criminal Law. The section is to list the circumstances which are set and confirmed by the Criminal Law or appear in the judicial practice, and classify the circumstance though the possibility of the appearance; it includes the circumstances which appear frequently, appear sometimes, and can't appear in the cases of flesh wound. The third section is to classify the circumstance: firstly, it elaborates the basic theory of classification of circumstance. According to the function of the circumstance, it can be divided into the circumstance for adjudgment, the circumstance for sentencing and the circumstance for execution. The key point of the text is to study the influence of the circumstance for sentencing. At the same time, it can divide the circumstance for sentencing into legal circumstance and discretionary circumstance. Then according to the circumstance of the second section and the function of the circumstance, it can be divided into legal circumstance, discretionary circumstance and the circumstance with the lighter function and the heavier function. The third section is the current situation of the usage of the circumstances in judicial practice. This part mainly analyzes the recognized status which was affirmed by the court in various regions, the function which all kinds of the circumstances have in the cases, and the results it produces. This section is to explain the multifarious cases though several points. First, the cases are divided into cases with the circumstance and the cases without the circumstance. The cases with the circumstance can be divided into tool group and no tool group; and the analysis of data of the no tool group will be as evaluation standards. According to the quantity of the circumstance, the cases with the circumstance can be divided into signal circumstance, double circumstance, and multiple circumstances; it will depend on this to analyze. The second section takes the measurement of penalty of the cases of flesh wound as the highs and lows, which takes declaring avoidance of criminal as the point. The third second is to analyze the problems of the first two sections, and the rules and the reasons which are caused in practice in the cases of flesh wound.The forth part is to give perfect advice for the problems which exists in circumstance that is used in the cases of flesh wound. The first section is to deal with the difference from the foreign judicial philosophy; study and research and make experiments for the results of the research. The second section is to formulate technical specifications and strength the judicial interpretation to solve the problem that circumstance lack technical specifications and judicial practice don't have the common standard. The third section is to improve the quality of the judge.