| Mayhem, a prevalent and frequent crime, injures citizen’s right and social order deeply.Moreover, solutions of these cases arouse various controversies in judicial practice. The thesis tends to improve current mayhem law in legislation by analyzing popular controversy in judicial practice and learning from laws and regulation of foreign countries, which may do well to judicial practice.This paper is divided into three parts. The first part is an overview oi the crime of intentional injury crime constitution, as the theory basis of this paper, based on defining the concept of the crime of intentional injury on the crime of intentional injury crime constitutions is expounded. First of all, the object of crime is to deliberately hurt others body the right to health, the protection of the legal interests of crime namely other health benefits, and the method of damage is behavior person pursues or laissez faire resulting. Secondly, the objective aspect of the crime of intentional injury refers to the act of implementing illegal damage other people’s health, including the perpetrator objective implementation of harm behavior is illegal behavior; damage; damage behavior must cause some damage results to others; there is a causal relationship between the behavior and result in injury to hurt. Once again, the general subject of the crime of intentional injury is the main body, which reached the age of criminal responsibility and the natural person has the legal responsibility ability, but the result of the crime caused by the different, the capacity of criminal responsibility of different subjects. Finally, intentional injury crime subjective aspect is intentional, including direct intention and indirect intention, even including the general intention.The second part, from the point of view of judicial practice point of view, and identified with the relevant laws of various countries, to study different views on the controversial issues. In the special quality of intentional injury cases allogeneic death study, analyzing the essence of such cases in theory, finds the aggravated consequential otlence nature theory and the analysis of the subjective sin; the objective imputation theory and to determine the causal relationship between behavior and results for the said conditions; subjective guilty of notice of special results aggregated consequential offense. And intentionally hurt attempted problem, analyzes from two aspects of the constitution of the crime of intentional injury and controversial attempted intentionally injury attempted intentional injuty type o t the dispute, the dispute is refers to the constitution of the crime of attempted intentional injury minorinjuries caused by sin the existence of attempted crime of the controversial, and the type of dispute is actually explore intentional injury(injured) the attempt of type. In addition, because our country is the simple legislation, the provisions of the crime of intentional injury is only a few simple words, so there are a lot of controversy in the judicial cognizance, identified as "harmful behavior" is controversial, this article from the "definition and ways to harm behavior M in hand, to explain how to "harmful behavior" that. And if in the judicial practice encountered intentionally injuring people sustained minor injuries and multiple injury causing minor problems, even through the analysis of the definition of crime number, also can not handle the crime more perfect incompatibility issues. In the crime of standards, through the theoretical analysis and the extraterritorial law interpretation analysis.The third part, this paper is aiming at the problem, combined with the judicial practice,based on small changes in the existing legal provisions and theoretical system, puts forward some suggestions of its improvement in legislation for the crime of intentional injury, proposed the establishment of "crime of violence" and added "minor circuinstaiices M and " serious nature f, penalty grade. |
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