A Case Study On The Intentional Injury Committed By Xu Etc

Deliberately harm behavior occur frequently in our daily life, which cause serious damage to social and economic development and social stability. Had done a lot of people in such cases of minor profound research, they from different angles for such cases expressed his own opinions and views. Some scholars think that a knife after the victim, the danger to the life of the victim, leading to the victim is forced diving and drowned. Kill the defendants’ ACTS constitute intentional injury crime; Also some scholars think that the defendant with a knife after the victim, leading to the victim diving escape, after the victim diving rescue duty, constitute indirect intentional homicide. Through access to information and reference, on the basis of existing achievements, here the author will through the analysis of some intentional injury, such as Xu, for such cases in the judicial practice how to correct the qualitative, from the following three aspects are analyzed and summarized, respectively is:The first chapter is case introduction and the focal point of controversy. This chapter mainly expounds the basic facts of the case and the conviction of controversial case, in this case the focus of the discussion, to determine the content and direction of this research. The second chapter is the focus of controversy case law analysis. This chapter firstly discusses the involved charges in this case, and to understand and define the related charges, secondly, to set about determination, as of disputes and the cognizance of causation and not as the objective aspect has carried on the legal analysis and discussion, combined with the case of these three aspects put forward its own views and conclusions. Finally, the main research of indirect intent and overconfident negligence, and combined with the case of the specific circumstances of the offender made qualitative subjective aspect of the mentality. The third chapter is the case of legal thinking. Through the analysis of more than a disputed point, combined with the difficulties that exist in the judicial practice, the author put forward their own solutions, hope in the judicial practice how to correctly identified these problems to provide reference and help.