Research On Legislation Perfecting Of The Crime Of Intentionally Injuries

From Xia Dynasty, the law has provisions on the crime of intentionally injuries .From slave society to feudal society, the law about intentionally injuries with intent to adapt the law has been amended and improved with social development. However, in order to preserve feudal lords there were no changes in the body and progressive. In the long history of development, Tang BaoGu system is unique, and has become a piece of legislation Ancient Monument, today, it played a important role in perfecting legislation as a positive reference.After the founding of China, the crime of intentional injuries on the legislation reflected from the base period. This crime shows the universality of wounding with intent. But until 1979, wounding with intent was provided into the provisions of the Penal Code formally. Although there was relevant legislation scrutinized for intentionally injuring , but several changes and that it is difficult to meet the requirements of practice. The real problems have not been solved. The 1997 amendments to the Criminal Law, which settled the intentional injury of a large number of application of the death penalty, forced labor, the introduction of control punishment. However, no further substantive change. Applicable term of this crime, the death penalty machinery rigid conditions and increase the restrictive "particularly cruel means","causing serious injuries to people with disabilities." obviously meaning ambiguous.With contrast to Chinese legislature of intentional injury, many countries and regions in the respective legislative situation is flexible, diverse, need to apply different circumstances of the crime. In particular, the fast development in recent years, Taiwan's Criminal Code, the crime of intentional injury to a certain extent can be learned from them. However, in the progress of exchanging with other countries and regions, it should be noted that due to historical, different levels of cultural and social development, we can not totally absorb other countrys'legislation.Some countries'law of intentionally injuring are apparently becoming formalized, it doesn't conforms to China's national conditions.From the legislation itself, the law of our intentionally injuring is obviously too simple. First, it does not distinguish the extent of the injury about intentional acts. Wounding with intent is obviously a deliberate crime,in 234 of the Penal Code,it provides for a "light injuries" and "major injury" two different results, the punishment also provides for a larger span,and did not rise to the subjective mental attitudes about these results, in practice it inevitably resulting "the only outcomes." Second, 234 of the Penal Code provides for the injury act is too broad. In particular, the revised Criminal Code is 97 years, is there any difference between"particularly cruel means" and "cruel"? Since the legislation does not provide, there is no comparison. Besides, if there are large number of injury acts , serious injuries have been resulted and have not resulted any death or serious injuries to people with disabilities. For continuous violation of this, we have made only one punished, not graft, suspected of abetting crime. Third, it has not yet made provisions against the object, the scope is very wide range of physical,can be used as the objects of many crime. Although in practice , we have gradually formed a consensus view : that harm others "body" that is hurting others "health", but has not been reflected in legislation; In addition, under the current international and domestic research, it should be recognized that physical health should include physical health and mental health. Earlier in the <> and << human body'injures standards>>, they are aimed at causing harm to the victim's physical requirements.In addition, Chinese legislation did not provise the time of the wound resulted from injury. Along with medical and human development ,the appearance of injury is of great uncertainty. For example, some people with infectious diseases injury others, to a certain extent similar diseases all have a latency, the victim may not have a corresponding reaction to injury. In this regard, China's Criminal Law can be said to be very bad, because there is no provision in the legislation, in practice which will result in , Some judges take into account the time factor into consideration and some judges do not. This would result in some crimes are not promptly investigated.Defects in this paper more, our intent to injure Legislation sound proposals. Aggravation and willfully attempt to commit assault in the department continuously difficult situation, due in large part due to China's legislation does not distinguish between intentional acts of assault victimization types. Therefore, to perfect the deliberate infliction of injury, the first to detail the types of injuries. Most countries in the world have adopted a separate legislation, and some have been very careful to distinguish. In accordance with Chinese actual needs, the author argues that the acts of intentional injury and re-injury can be divided into light injuries. Slight injuries following the assault by the "security administration punishment law" will be able to regulate the system. Secondly, it is clearly intentional injury to the criminal code. Light damage caused by heavy as a result of the criminal code is not an issue has been contentious in theory. Some scholars believe that the results of injury and re-injury due to light injuries are the nature of the results, both before and after the essence has not changed, aggravation not meet conditions; Some scholars hold that full compliance with 234 of the Criminal Law : "Aggravation basic statutory crimes heavier penalties" to the results, typical of the criminal code. In fact, a light injury caused heavy damage, is the aggravation. Aggravation clear fact recognized by the second paragraph 234 of the first acts of negligence. 2 is clearly the fault of the results of re-injury. So, we need to provide another method of deliberate heavy damage, which laid the groundwork for our respective legislation. In addition, the results of injury time constraints also need to make certain that the statutory period of one year. hurt results in the exclusion act to make the scene a year later, it is inevitable therefore unfair, but if the provisions of this period, This year the results will be fair to all the hurt, but if it does not provide this period, The results will be hurt and hurt some linked to criminal behavior, and part of the prosecution is not favorable. This is the injustice.Comprehensive exposition of this paper, the authors propose the reconstruction of the proposed law, enacted. Of course there is great room for improvement, but also want to on the basis of the existing Penal Code, there is some progress to the significance. China's criminal law on the crime of intentionally inflicting injuries on the 4,000-plus-year history of precipitation, the constant practice to deal with emerging issues. We should also keep in depth intentionally injuring the rich content and legislative intent. to enable it to keep pace with the needs of social development.