The Historical Inspection And Think Of Crime Of Intentional Injury Of China

Crime of intentional injury, being the most familiar to deliver in the judiciary practice,it breaking a social public order seriously and hurting others healthy body, is always point of striking in our country criminal law. Writer launches a study using comparison, analyze, induction etc. research methods, aiming at realistic meaning of crime of intentional injury, the historic investigation of crime of intentional injury and legal medical expert authenticating,the deep think of related crime of intentional injury and so on, promoting with the theory research and judiciary practice of crime of intentional injury in our country.The full text is totally divided into four parts.First, realistic meaning of studying crime of intentional injury .In the past dynasties,criminal law all has norms about hurting others body intentionally as a kind of criminal phenomenon. Crime of intentional injury appears new manifestations and characteristics along with the development of ages, and it is important for judiciary practice that we strengthen to research new case of crime of intentional injury.Second, concerning the historic investigation of crime of intentional injury.In ancient penal code in China, the age of natural person influenced very greatly to crime responsibility, and listed some persons of physiology blemishs as ones with ability of restricted responsibility. The young and old injuring mutually existed difference.Chinese ancient penal code's laying the blame on a principle was a process of continuously developping,and it taked a color of the strong Confucianism. With successively development from New China period, the legal provisions about crime of intentional injury and the standard of imposing sentence are mature.Third, concerning the historic investigation legal medical expert authenticating .In our country ,the provisions of crime of intentional injury in the ancient penal code, in addition to accomplice's convict of subjective intention and usage of means to distinguish the importance of the injury, return from injury the behavior resulting to measure the importance of crime. According to our country current law, the particular harm degree is the important boundary of crime of intentional injury and non- offense,so it is very important to inquire into legal medical expert authenticating.Fourth, concerning the deep think of related questions about crime of intentional injury. In our criminal law ,the provisions concerning crime of intentional injury are imperfect,and we usually face perplexity in the judiciary practice. It is very necessary and urgent to reconstruct crime of intentional injury drawing lessons from history and other nations and region.