Technology Crime Legislation Intentional Injury

Local criminal law theory’s study on the crime of intentional injury, both in content and research method embodies the longitudinal deepening and horizontal development. From a single problem to the overall situation, it becomes mature in theory and practice research, which makes an indelible contribution to the judicial practice. However, in the author’s view, from the macroscopic legislation technology, crime of intentional injury is in the chapter of specific stipulations of criminal law that elaborate infringement of citizen personal rights. There is suggestive item to guide its crime relationships with those of in other related law’s without any oversight. The main problem is that the microcosmic gaps on the legislative technology. In this thesis, from the perspective of criminal legislation technology the author tries to expound the standard and explore the general rules of China’s criminal legislation technology, based on which to discuss the problems existing in the intentional injury so as to improve the legislation on crime of intentional injury. In order to realize the improvement from the perspective of legislation technology of intentional injury, this thesis has divided into four parts as follows:The first part establishes the positions of principle of legality, principle of appropriate punishment and equity principle in criminal legislation, and illustrates the three standards a good legislative technique should conform to:the social protection function, the social security function and the realization of criminal law’s value goals:order and justice.The second part explores the general rules of legislative improvement that is criminal law based on the charge of crimes mainly including minor act, normal act, aggravated or alleviated acts; it is discussed from five aspects of criminal law legislation:the criminal punishment, the enactment of the stipulations, the general rule of penalty allocation and circumstances of crime.The third part explores the problems of intentional injury crime according to standards of legislative technique and general rules of legislative perfection. It deals with the unreasonable quantitative standards into sin, the various interpretations of different stages of crimes, ambiguous explanation of the same stage, unclear stipulation of circumstances of crime and the unbalanced crime and penalty of the legislative system according to suggestive items.Based on the research result above, the fourth part tries to redefine crime of intentional injury from the aspects of quantitative rules of its crime standards; stipulations of penalty in different stages; the rule of deciding the penalty; penalty application and more clarified stipulations to suggestive items...