Inquiry On Attempted Crime Of Intentional Injury

Crime of intentional injury, a violent crime is more frequent in the real world.The offense about whether it has attempted crime has attracted more and moreattentions since the1980s.But there are differences either in theory or practice.Especially some typical attempted injury cases happened, the attempted crime ofintentional injury become focus. However, regardless of calls for attempted crime ofintentional injury are more intensely,"Only results"of the practices have nosubstantive change in judicial practice. Theory of attempted of commit intentionalinjury has been shelved, and not felled into the practice of soil. This problem has toexamine and dissect. This paper aims to combine theory of criminal law norms andthe reality of cases to sort out the controversial issues of deliberately attempted assault,find out the crux of the problem, argument attempted attempted of commit intentionalinjury lawfully and the existing situations. The paper is divided into four parts:The first part is "controversies about attempted crime of intentional injury".Onthe basis of introducing whether the crime of intentional injury and attemptedproblems related controversies in theory and practice, analyses the differences of thetheoretical controversies and judicial practices, points out that the root of thecontroversies—"Only results", prepares for expanded discuss below.The second part is "the Justification of attempted crime of intentional injury",attempted crime of intentional injury amendments to the requirements of generalprovisions of penal code,the constitution of crime as well as the basic principles ofcriminal law, at the same time, many extraterritorial about the crime of intentionalinjury legislation clearly defined, fully proves the legitimacy and feasibility ofattempted crime of intentional injury.The third part is the " deconstruction of attempted crime of intentional injury,analyzes conditions of attempted crime of intentional injury, On the basis of thatstudies the specific circumstances of attempted crime of intentional injury combinedwith realistic cases: under intention of light damage, minor injury as well as serious injury, there are attempted crime of intentional injury, but it has not existed in theaggravated-commit.The fourth part is "application of attempted crime of intentional injury".Toachieve attempted crime of intentional injury from theory to practice, the premise ischanging practices, and the way is the judicial interpretation of specific criteriadetailed provisions. Through judicial interpretation of a further supplementalrefinement,provides judicial guidelines to identified attempted crime of intentionalinjury.