Knotty Problem Crime Of Intentional Injury

Intentional assault and battery as a typical benefit of natural crime in our country is an ancient crime, has experienced several years of legislative changes. Although the crime of intentional injury has been made many times criminal theories research, but also more detailed intentional assault on the relevant provisions of the legal system. And is in the social transition in China, the emergence of various conflicts are inevitable, strong differences between the conflict as some scholars have proposed a "legal justice and social effects, showing a tense relationship the judiciary and legal practitioners theorists amplification effect anticipated. [1] "So all walks of justice require more intense. In order to fully reflect China’s Criminal Law of Modesty, full protection of human rights, this article by judicial determination of the crime of intentional injury, part of the problem difficult to prove our criminal judicial protection of human rights. So this paper, for the crime of intentional injury judicial determination of difficult issues, and learn from others in the existing research results, to talk about his own deliberate assault on judicial determination of the difficult problems of view. In this paper, based on the theory of criminal law, judicial practice encountered, based on the crime of intentional injury judicial determination of difficult issues to study.Full text is divided into six parts. The first part describes the basic theory of the crime of intentional injury problems. First of intentional assault legislative review, using historical research methods from ancient times to the provisions of the Republic of China after the founding of our country and then to the crime of intentional injury, the use of comparative research methods introduced provisions of the assault of foreign; The second major case analysis methods constitute the crime of intentional injury four elements to elaborate.The second part deals with a determination of an act of intentional harm the fetus. First, from the intentional conduct qualitative fetal harm, harm the fetus and then elaborate on the behavior of domestic and foreign theories and regulations; Finally, his own personal point of view, the proposed addition of the crime of intentional harm the fetus in the criminal law.The third part is about the intentional injury elaborate mental harm identified. From concept and abroad recognized mental harm mental harm to outline mental harm; Secondly, the main causal mental harm from that standard, mental harm to identify mental harm.The fourth part describes the identification of consent injury. The first is the concept of harm from the consent of the constituent elements at home and abroad agree overview agree injury hurt; Secondly, a comparison of domestic and international perspectives agree injury; Finally, the proposed consent injury incriminate choice.Part V deals with a common identification of intentional injury. Mainly deals with a common implementation of intentional injury problems over the limit, which discusses the probable identification of abetting. Finally, do not constitute intentional injury while committing a common problem to elaborate.Part VI deals with a major crime of intentional injury assessment identified. Overview discusses the identification of injury, injury identification and re-identification period and solutions.