The Demarcation Between Crime And Non-crime Of The Offence Of Intentional Injury And The Punishment Accommodating To The Crime Of The Offence Of Intentional Injury

Compared with 1979's criminal law, the offence of intentional injury established in article 234 of the current criminal law is more clear and definite, which shows the great concern with citizen's health right and protects emphatically. Offence of intentional injuries are complicated and vary from case to case and the cases tend to occur frequently, while relevant research has not kept up with. So victims of some new-type injuries lack essential legal protection in our society. In this thesis, the legislative intention of article 234 of the criminal law, the crime construction and the criminal responsibility of the offence of intentional injury, and the protection of citizen's healthy right, etc., have been studied, combined with the article of criminal law of our country and the frame of reference to appraising physical injuries in medical jurisprudence, the author is under the impression that the measurement of penalty is unbecoming to the offence of intentional injury and the grades of the light injuries and the serious injuries are not perfect and men whose graft or false body been injured and the injured foetuses have not protect sufficiently. The author is of the opinion that the state should strengthen the criminal protection to the foetuses injured illegally and set up the offence of intentional injury to foetus in criminal law, and should strengthen the protection to the one whose graft or false body been intentional injured. Finally, the author devises a new frame of reference to appraising physical injuries from the aspects of medical jurisprudence and legislation. From doing so, the measurement of penalty for the offence of intentional injury will be more scientific and the punishment will accommodate to the crime exactly, which will reflect the better protection on citizen's right of criminal law.