Research On Judicial Determination And Penalty Measurement Of The Crime Of Intentional Injury

The crime of intentional injury, as a traditional criminal type of trespassing on the people's personal rights, has always been attracting much attention from the academic circle of criminal law. Its relevant stipulations have developed for four thousand years and were clearly written in the criminal law of both 1979 and 1997 version. Nowadays, the relevant stipulations have become relatively perfect and detailed. The corresponding criminal judicial system has been gradually established. However, with the development of the society, the means and forms of committing this crime have become more and more complicated. Because of this complexity, many problems involving legal application are controversial both in theory and judicial practice. Many difficult problems await solution both in theory and judicial practice.The author finds out, after reading and researching some academic articles about this crime, that the academic circle of criminal law theory has performed a long-term research and discussion on this crime and scholars have almost had different opinions on every problem, but the scholars in different times have different concerns. At the early time after the establishment of new China, the scholars carried out a detailed research on the four constitutive elements of this crime, the division between crime and non-crime and the division between this crime and other similar crimes. Recently the scholars have probed into its criminal patterns, mental injury, consequences of injury and penalty measurement.By studying and organizing the relative articles, the author forms the opinion that, although the scholars have done a lot of research on the patterns of attempt to commit this crime and mental injury, there is still much disagreement. The research on the difference between this crime and voluntary manslaughter and on the difference between this crime and the crime of provocation is still not deep enough. Although some research has been done on the consequential offense of this crime, there is no detailed research on the validity, time limit and time of injury identification. There is also a lack of examination on the penalty measurement of this crime under the criminal policy of tempering justice with mercy, in the case of inflicting several injuries to a person or inflicting harm to several persons, or in the case of being resulted from false imprisonment. Therefore, in the hope of perfecting the lawmaking and providing useful reference and help for handling this crime in the practice, the author will analyze the relevant faults in the lawmaking of this crime and controversial problems within the academic circle of criminal law, based on current achievements in the research, referring to lawmaking stipulation in relevant countries, in combination with some data and cases gathered from personal work and practice, and will mainly explore the above difficult problems in the judicial determination and penalty measurement of this crime on the basis of elaborating the lawmaking evolution, concept and constitutive elements of this crime.