Research On The Crime Of Intentionally Injuries

Economic and social development, all kinds of new type of crime emerge inendlessly, intentional harm blame is also showing the characteristics of complexityand diversity, the present legislation adjustment appears some shortage, made inrecognition of the intended harm blame process there are a many doubtful points.Such as, damage the behavior of the fetus qualitative and whether there are intendedharm blame attempted and the transformation of state intended harm blame makeshape of debate for a long time, and these disputes, until today still exists. Intentionalharm blame be multiple traditional violent crime, serious violations of others, healthybody, undermined the social harmony and stability. Therefore, it is imperative toperfect the relevant legislation, which will help combat intentionally hurt crime,protect the people’s legal rights and interests and social harmony and stability.Therefore, the author will deliberately difficult problem of assault discussed, in hopesof our criminal legislation and judicial practice beneficial.The article is divided into three chapters from different angles on the assault onpurpose further study:Chapter1: The definition of the assault on purpose. The distinction betweencrime and crime, first of all, deliberately assault and general beating the boundaries ofbehavior, and the judicial practice, so the approach, that is, as long as the objectivecause minor injuries to others, and seriously injured body and even death results inserious intentionally punish, and did not appear the results of the damage is recognized for beating general behavior. The author believed that such action violatesthe subjective and objective are unified principle, should be comprehensive concretecases all aspects of the objective factors, inspected the subjective judgment of whetheractor with criminal damage deliberately. Second, serious harm an accidentaccidentally on purpose and the boundary issue, the key to investigate behavior personto harm the happening of the result if you can foresee. Intentionally with othercriminal assault distinguish, one is deliberately assault and the definition ofintentional homicide. For the purpose of intentionally killing is not serious andintentional homicide distinction standards. The key is whether there is a subjectivecontent inspection behavior person of intentionally killing. Secondly, whether thedamage intentionally subjective actor, is deadly serious deliberately and negligence ofthe key difference between deaths.Chapter2: intended harm blame the difficult problem that. One is the damage tothe fetus that behavior nature. Tong said is of the opinion that unborn children, cannotbecome the object of this crime. The author thinks that, the whole body is a fetuspregnant women a part of the organization, so should be pregnant women and babiesas a whole, the damage to the health of her fetus that pregnant women health damage.In addition, to fundamentally solve the problem, the criminal law should establish amalicious damage fetal sin, and malicious damage fetal provisions within the motherand caused the death, death or disability after birth, set up the sin.2it is deliberatelyhurt in the "serious disability" and "special cruel means" of the determination. So far,no to publish relevant judicial explanation of regulations "serious disability","especially brutal means" standards. In order to make the practice operation consistent,legislation or judicial explanations should be introduced as soon as possible theprovisions of relevant specific explanation, safeguard judicial unity.Chapter3: intended harm blame both state crime number attempted, problemsand make research into form. First of all, deliberately harm blame both state ofattempted. Among them, for the people of the minor intended harm blame, judicialpractice some practice is, as long as no cause minor injuries of these injuries results,just can’t set deliberately assault, namely deliberately attempted assault does not exist. The author agrees, cause minor injuries of the intended harm blame does not existproblems attempted, as long as the behavior person hurt the cause minor injuriesresults intended harm blame is established accomplishment; Actor seriouslyconducting a heavy damage based on the behavior, attempted existence state. Hurt thecause of death and by special means of cruel causing serious injury to cause seriousdisability, there is no state attempted. Second, the intended harm blame sin numberproblem. Based on summary or the same person for the crime of intentionally hurtpeople for illegal, the author thinks that, when the number of the infringement or thebehavior of interests is a plural number for when a sin that on to punish, only in aviolation of a law benefit as a sin to deal with. Finally, the transformation of theintended harm blame made morphology research. About the kidnapping in specialcruel method in the process of the kidnapped person injury to cause serious defect ofconviction, the author thinks that, if the person is in the process of kidnapping in orderto control the kidnapped person and implementation of this act, the crime ofkidnapping a; If a person has control of the kidnapped person and the implementationof such behavior intentionally hurt, the person with kidnapping and assaultintentionally punishment for several crimes. For all the fight to cause serious injury ordeath on people of the results, the author thinks that, only the direct cause causingserious injury, death results behavior and organization, command others directlycausing serious injury and death all the fight’s first molecules of intentionally assault,shall be convicted and punished intentional homicide. For illegal detention of usingviolence cause person disabled, is refers to only causing serious injury form disability,not including cause minor injuries form of disability situation.