Review Of The Using Intentional Assault's Aggravating Circumatances

Throughout our country's history of criminal legislation on the intentional assault aggravating circumstances,the spirit of the intentional assault aggravating circumstances reflect the severely trend.In judicial practice,the court's way of using the intentional assault aggravating circumstances exist some abuse. Therefore,the author guide by the Marxist dialectical materialism,combined the theoretical argument and case analysis,on the basis of most judgement documents about intentional assault aggravating circumstances,first of all,elaborating the intentional assault aggravating circumstances's legislative history,which from 1949 to now,discussing the spirit of intentional assault aggravating circumstances,and then,analyzing and researching the court's way of using the intentional assault aggravating circumstances;at last ,get the outcomes:First, intentional assault divided into deliberately assault and deliberately light assault;second,the contact of between the acts of intentional injury and the consequences is risks and realize;third,The perpetrator's criminal responsibility about the consequences must have foresee the possibility of objective and foresee the possibility of subjective.