Light Injury Cases Caused By Civil Disputes Study

A light injury case refers to intentional unlawful damage others'health and achieve the light level of injury case. Among light injury cases which caused by civil disputes, most of the defendants who are first or occasional offenders, are less vicious subjectively and less dangerous to society. Victims make faults and result in injury behaviors, and frequently both parties are familiar with each other. They are neighbors, colleagues, schoolmates and so on. If these cases are handled improperly, it may cause appeals and petitions which will impact social stability and harmony. According to a light injury case caused by a civil dispute, the author analyzes the mode how judicial organizations deal with the light injury case and its defects. The author put forward suggestions on the judicial practice.This paper is composed of four parts:The first part: the cause and case. Zhang and Yang tussled with each other for boundaries which resulted in Yang's injury. In the first and second trials, courts identify that Zhang's behavior has constituted intentional injury crime, and should be sentenced to imprisonment.The second part: the focus of disputes and controversial views. The focus of controversy in this case is whether Zhang's act constitutes to intentional injury crime. If constitutes the crime, how should we deal with it properly in practice? There are three kinds of views. The first one, Zhang didn't constitute intentional injury. The second one, Zhang constituted the crime. The last view regards that this is just ordinary assault.The third part: jurisprudential analysis. According to the concept and feature of intentional injury, the characteristics of light injury cases and "Criminal Law" Article 13"proviso"and legal requirements, this section mainly analyzes the way we handle light injury cases currently and the existing tough problems when dealing with civil disputes in practice, such as: jurisdictional issues, proof difficulty in the process of lawsuit, existing difficulty in forensic test and causing social instabilities, etc..The fourth part: conclusion. Analyzing the case through relevant legal principles, we made a conclusion that Zhang's behavior was obviously minor and less harmful, consistent with the" criminal law" thirteenth article" proviso " provisions. It shall be regarded as not committing a crime, should not be regarded as the crime of intentional injury. It is suspected that the court's decision was "only minor injuries on ". At the same time, it is not conducive to the maintenance of social stability, and it is a waste of judicial resource. The author analyzes the defects of dealing with civil disputes caused by light injury cases and combines with the reality and proposes some related suggestions.