Talk About The Our Country Criminal Proceedings In The Injury To The Improvement Of The Identification System

In China’s present criminal law, in the intended harm blame conviction, is must according to the specific conclusion injury appraisal as standard. However, from the world perspective, in order to deeply carry out criminal law’s punishment in keeping with the basic principle, in countries in the criminal code, usually, are based on implementation of the damage when actor to damage behavior hurts human body, the damage to the severity of the respectively, the different damage behavior, assign different punishment. In our country’s criminal procedure of also is such. But, how to concrete determination to the victim, caused by the human body the damage degree, it is a device both very important, but very complicated problem. This is also for many years has been plagued by the judge for deliberately assault conviction of the important problem. After years of theoretical research and judicial the test of practice, the establishment of the system of injury appraisal, and, to some extent, solve the problem, and also become the most of the countries in the world that hurt the standard. But, in actual use in the has, how to concrete operating the system, and how to perfect the system, for research in these areas, in theory and practice has the very vital significance. From the criminal lawsuit of our country injury the specific content of the identification system on look, there are still some more significant problem, not only affects the injury identification system in the development, and the influence on the intended harm blame conviction, is not conducive to blame punishment of the unification of the implementation of the basic principles of criminal law, and in the judicial practice in the practical application, more affected our country socialist legal system construction, go against the government by law society construction. It is in view of this, this article to ancient and present, domestic and foreign criminal proceedings in the injury appraisal system were compared, and combining the actual work in the problems found in, and puts forward the practical problems in the foundation, further perfect our country’s criminal procedure summarized the injury of identification system, comprehensive and detailed, has some feasible Suggestions.