On The Difficult Problems Of Intentional Injury

With the pace of China’s socialist society, the rule of law continues to accelerate continuous improvement of human rights and national security requirements, we should pay attention to explore and study criminal offense. Crime of intentional injury is common and legal practice in crime‐prone one, but there are still about intentional assault many controversial issues, such as the attempted crime problem, and they beat the others type disturb the crime problem distinction intentionally cause fetal harm in pregnant women hurt residual problem, intentionally causing emotional harm qualitative issues. To this end, the author conducted on more than a few simple summary and discussion of issues and put forward some of their own ideas, hoping to study crime of intentional injury to provide some help.The article is divided into four chapters, from different aspects of the crime of intentional injury theory and judicial practice analysis controversial issues were discussed:The first chapter is a deliberate assault attempt cognizance, Tong said that the case of criminal law based on the subjective state of indirect intent to commit the crime of attempted state does not exist. Tong said that the theory of intentional injury causing death and cruel means to particularly serious disability caused serious injury scenario is Consequential Aggravated crime of intentional injury, and there is no attempt Aggregated Consequential form, so there was no attempted form. I believe that intentional injury causing minor injuries not completely confirm or deny the existence of problems attempted, in theory found the existence of intentional injury causing minor injuries attempted legal form is in line with the constituent elements and attempted to commit, and in the majority of judicial practice attempted intentional injury causing minor situations are characterized as the 2 circumstances are obviously minor case does not constitute a crime, shall be punished for the behavior of the security people without the use of means of criminal law sanctions. However, in order to prevent the emergence of the legal loophole and the need for crime prevention, intentional injury causing individual cases of minor injuries if the existing evidence can really prove that the perpetrator of intentional harm, and not the circumstances are obviously minor and the harm is not the case, you can attempt to commit the crime of intentional injury be punished. Intentional injury causing serious injury cases, deliberately and as a result of negligence of objective circumstances caused minor injuries based on subjective belonging Consequential Aggravated Attempted form does not exist; intentional injuries based on subjective reasons due on the outside will only objective circumstances cause minor injuries or damage to lighter consequences theorists disputed relatively large, I believe that is the kind of situation is the presence of attempted morphology.The second chapter as a starting point to distinguish between intentional assault and beating another person type trouble in the crime through "Fang, Fang attacked the case." In this case in terms of criminal target, instruments of crime, or a crime against fashion subjective point of view, are in line with the crime constituted the crime of intentional injury, therefore, I believe that should be characterized as the attempt to commit the crime of intentional injury, the first trial, the second trial court verdict is worth questionable. Distinguish fundamentally intentional assault and beating another person type disturb the crime, I believe it is to return to the elements of the crime point of view, from a subjective and objective aspects of crime and criminal object angle to specifically identified. Judicial practice resulting "consequentiality" While many of the facts vague, insufficient evidence, the suspect subjective criminal intent is very difficult to investigate specific cases identified to some extent simplifies a lot of the evidence‐gathering procedures, shortening some tedious investigators time to make some of the cases have been resolved quickly. But in theory, there is a big defect, sometimes in violation of the basic principles of legality of criminal law, consistent with the objective and subjective like. In the current rapid development of the rule of law, the state of the judiciary should be more strictly correct their attitude in handling cases, regulate their own behavior, the 3 more stringent norms handling procedures. "The result of" ignoring the perpetrator of the crime subjective aspect, this objective conviction finds way is prohibited by criminal law and procedure. I believe that, regardless of whether the case is complicated, in practice we all should be based on the operation of legality, criminal law and other subjective and objective consistent with the basic principles to be identified, the specific operation, we have identified crime as a basis to the facts of the case, in identifying make a reasonable basis for the identification of all the facts of the case. In the case of fuzzy face facts, we might put aside the past, only to distinguish from the perspective of the crime constituted as this crime or other crimes inherent thinking, the use of "Imagine competing from a heavy punishment" principle be dealt with, so that not only solve It brings ambiguities identified in trouble at the same time not violate the basic principles of criminal law.The third chapter introduces intentionally cause fetal harm in pregnant women disabled the controversial theory big problem. By isolating each scholar guilty theory theorists proposed "human fetus" theory, the theory of reproductive rights violations couples, civil disputes the theory does not constitute a crime, adding maliciously harm the fetus as well as the theory of the crime of intentional assault violated the mother’s theories were compared. I agree in principle to violate the mother’s intentional assault theory, which can be combined with the current judicial practice of deliberately cause fetal harm in pregnant women conduct reasonable disability identification and resolution, but also to solve other problems that appear in the majority of judicial practice:(1) Maternity voluntary abortion, considered an act of man’s self‐injurious behavior, does not constitute a crime.(2) Forced abortion in the national family planning departments within the law implementation to bounce pregnant women, regarded as a right given by the State in this sector can be regarded as unlawful negates criminal law, which does not constitute identified as crime, but in violation of the relevant departments of the national family planning law provides for mandatory abortion of pregnant women should still be regarded as the implementation of the health of pregnant women against reproductive function, it should be recognized as intentional assault.(3) deliberately harm others directly lead to miscarriage in pregnant women’s behavior is against the interests of the health of pregnant women, should be recognized as intentional assault, pregnant women, the extent of its damage to be identified as a sentencing after abortion, to cause miscarriage in pregnant women only hurt themselves The situation is not great at this stage you can consider a mitigated punishment or be exempted from punishment, judicial practice in the future may harm pregnant women, the introduction of judicial interpretation of the circumstances leading to abortion, as the case identified as minor injury, minor or serious injury of a situation.(4) In view of China is still no clear legal or judicial interpretation of the relevant cause fetal harm in pregnant women disability issues to be clearly defined as well as from the perspective of Modesty and regulatory considerations of criminal law, penalties can only intentional acts harm the fetus, For negligence cause fetal harm in pregnant women or disabled directly lead to miscarriage, and should not be regarded as criminal behavior, this kind of situation can be resolved as a way of civil cases through civil compensation.The fourth chapter is a qualitative problem the intent to cause emotional harm, although China at this stage is still no clearer law or relevant judicial interpretations of the means to take advantage of mental stimulation to achieve the purpose of intentionally harming others conduct be regulated, however, Whether from the perspective of social harmfulness or dangerousness have the means necessary to make use of mental stimulation causes serious mental harm others into the scope of the criminal conduct of perpetrators of Regulation penal punishment. The crime of intentional injury mental injury included among the object is necessary, the extent of damage from the mental harm and physical harm rather, reality operability, and to appease the victims, maintaining social stability and promoting social harmony and so on are also having a feasible nature. I believe that although China’s criminal law for moral injury kind of problem has not clearly defined, from the current, the better solution is modeled on measures of mental ability to identify people on incapacitated, with limited capacity and full legal capacity division Standard divides injury mental injury as serious injuries, minor injuries and minor injury three levels, then directly follow thirty‐four deemed to have committed the crime of intentional injury on injuries, minor injuries provision for moral damage identified as Sometimes can be based on "Security Administration Punishment Act" in order punishment, the victim may be through civil way claims for mental damages, spiritual damages and compensation capacity attitude perpetrators can be considered as a sentencing. In short, the only constant is controversial or vague question to be explored and resolved in order to better enable these criminal theories of criminal law theory of continuous improvement, in order to make better criminal law punishing crimes, protecting the people, promote harmony and social progress.