The Research On Crime Of Willful And Malicious Injury

Crime of willfull and malicious injury, is deliberately and illegally damage the health of others. Penal Code section 234 provides for a more scientific way of crime of willfull and malicious injury, stringent legislation for the correct functioning of judicial activities laid the foundation, show that China's criminal legislation on the right to life and health of citizens of the close attention and focus on protection, the protection of human rights which is in line with the needs of this global trend, even against real life the attack lightly wounding criminals needs.The object of the crime of Crime of willfull and malicious injury is deliberately hurting others normal physiological function or violations of the right to health of others. The crime of criminal intent to injure others object is the physical, harm their body did not constitute a crime. As long as we can scientifically prove that the fetus has been hurt, it should also be admitted that some people were hurt, the perpetrator of a fetal harm intentionally assault. Injury victims commitment in the case, from this country's law and order situation, the result of no value should be based on balance of no value, causing serious injuries should be identified as deliberate attempts to injure people. The crime of willful intent to injure the content should be: knowing that their actions would harm the health of other people in the results, and I hope that this result or the occurrence of laissez-faire. The main body of the crime of crime of willfull and malicious injury is the main general, who have reached 16 years of age, have the natural ability to criminal liability may constitute the crime of intentional harm, full 16 years old with 14 years of age who may become part of the main body of the crime of intentional harm.According to the basic theory of common crime scene help potential behavior is a typical example of helping behavior, albeit with the help of the spirit, but it played a role in abetting, the potential harm to assist people hurt with the help of committing crimes committed. Accidental injury is the duo shared no common crime means more contact and at the same time the implementation of atrocities harm others, in order to respect the rights of victims, as well as to the stability of social relations, the implementation of these two atrocities hurting others, unrecognizable everyone atrocities caused by the severity of injury or unrecognizable who caused harm, it should be in accordance with the provisions of the accomplices broken. The plot wounding, when employees do not have a behavior or his employment for reasons other than the will did not meet the statutory Accomplishments state, the criminal investigation of his attempted; Employment minor crimes that were notable, from time to think it is criminal.China's Criminal Code based on a primitive of human nature care, as well as to embody the principle of the crime, in criminal law provisions provided more into intentional injury into committing crimes, which reflects the legislators on the health of citizens of the right to life and right to a high degree of concern about the good intentions cherished, and also indicates the right to health and hygiene the right to life benefits in the supremacy of individual value.The attempted intentional slight injuries, not to set up crime; The attempted intentional injuries, intentional slight injuries should apply Legal Sentence; The intentional injury to cause death cases, the perpetrators should be based on whether the deaths of those who died have foreseen the possibility of understanding of the facts and wrong in principle to address whether the injuries that killed .