A Study On Conviction Of Intentional Injury Among Abusive Behavior

Abusive behaviour is a typical performance of domestic violence, the cases of whichhave been on the rise constantly in recent years. How to convict abusive behaviour amongfamily members, especially serious injury or death of victim caused by abusive behavior is aproblem that has been puzzling judicial circles. It is difficult to regard them as the crime ofabuse or intentional injury. Based on a typical case, this thesis may offer some reference forsimilar cases by analyzing actor. The thesis includes four parts, except introduction andconclusion.The first part, introduces the basic situation of the case, including the name of the case,the brief introduces of this case, difference in opinion, focus of dispute. Li mou mou, thedefendant, often abuse her step-daughter Shen mou mou. On the April29,2012the victim wasinjured badly finally led to the death of the victim. The simple introduction of the case, inorder to, lasing the foundation of the following study. Also able to readers having a generalunderstanding of the case. On the bases of studying the case, summing up the focus of thiscase. That is, in the process of intentional injury behavior, leading to serious injury or death ofthe victim. In this situation, how to convict the defendant and how to evaluate the offender’scrime, also including how to implement the defendant.The second part, analyzing relevant legal problems. This is core part of this theme.Mainly introduces the offence of intentional injury and the offence of abuse in the criminallaw in our country. Analyzing the difference between them. The main point is how to identifybetween the abuses and intentional injury and subjective culpability of the defendant in theprocesses of commission of crime, the number of crime in the illegal behavior, the differencebetween the offence of abuse and the offence of intentional.The third part, is analyze and conclusion of the case. Through the analysis of the caseand dispute of the case, the result is the defendant’s behave not belongs to the offence odabuse, should belong to the offence intentional.The fourth part, is thinking about legal provision on the offence of abuse in our country.In this part, talking about two components, one is identity should not be a amulet protectingdefendants to punishing. The other is perfecting the law on the crime of abuse further.