Intentionally Assault A Number Of Issues Discussed

This thesis focuses on the accusation of intentional injury offence. It is old and still new, and appears most often in criminal jurisprudence and judicial practice .The first part deals with the forms of the attempted intentional injury offence. Contrary to traditional perspective that there is no attenyoted stage as to this charge held by jurisprudence and judicial practice circles , the author puts forward that (a) if it is proven to be committed with intent , and doesn't belong to the circumtance of apparent misdemeanour with no serious result , the minor injury case can be held to be a attempted offence; (b) injury causing the victim's death falls into the category of accomplished offence, not being attempted one . The case of serious injury with clear intent and action , but unauomplished because of factors beyond the offender's control, should be held as intentional attenyoted offence.The second part is about the transformation problem in intentional injury case . The allthor makes a legislatwe comparative study of the transformation in sueh cases , and sumurise the characteristics , holding that (a) the establisment of the onginal offence is the condition , the change of the character is the core of sueh offences , and the existence of legislative prouision is the reason. So the offender in Sueh cases should be punished aceeording to the circumstances and character afeer transformation. In themeantime, the author makes a suggestion for legislative improvement and complememt about the accusations of picking a quarrel and making trouble. And the obstruction of public affairs based on the aboue analysis .The third part concerns with two particular questions about joint intentional injury in gang affray case , emphasizing that punishments should be weighted according to the subjectiue intention of the offenders in gung affray case resulting in serious injury or death , Each thkes his own resposibiliey respectiuely with the principal offender being lialble for the whole case . The second problem is about the characterizection in joint-committed offence inuoluing the employment of the wrongdoer, muinly discussing the considerations of various circumstances when deciding such cases, This part also probes into the different lisbilities between the employer and his employee in defferent forms of offences .The fourth part studies the proceeding characterisation and vahcatio slection in judicial practices about minor injury cases. Based on the capatibiliey of criminal law and its humanism side, through the analysis of different treatments in minor injury case, the author thinks that such cases should be decided by the principle of reconsiliation , with private proseaution as principal settlmet and public prosecution as the subordinate .