On Emotional Distress And Criminal Law Judgment

Emotional distress issue is a crucial and difficult issue of judicial practice. This thesismainly focuses on the criminal status and the judgment of the emotional distress issue. Basedon the analysis on its noumenon, in terms of how to position the emotional distress in thepresent criminal law of our country and how to judge it, as well as the existing problems, theauthor carries on a theoretical discussion. This study will play a significant role in theperfection of the emotional distress issue from the point of the criminal theory as well as thestrengthen of the protection of people’s emotional health rights.This thesis comprises three parts, about37000words. The main contents are as follows:The first part is the generalization of the emotional distress and criminal law judgment.And by carding and analyzing theoretically of them, the author proposes the theoretical basisof how to judge the emotional distress. In addition, by analyzing the emotional distress, theauthor tries to carry out the theoretical construction of the definition, the relation to thephysical injury as well as the classification. What’s more, by analyzing the criminal lawjudgment, the author conducts an exploration of the significance and the requests. Then, onthis basis, the author analyzes the necessity of taking emotional distress into criminal law,through which, preliminarily clears the relation between emotional distress and the criminallaw judgment, and illuminates the necessary criminal requests for judging and affirming theemotional distress issues, thereby guiding the subsequent theoretical analysis.The second part talks about the status of the emotional distress in criminal law. Theauthor tries to position the content of the emotion distress among the crimes of intentionalinjury, picking quarrels and provoking troubles, and other crimes which may cause emotionaldistress, meanwhile, solves the problem of analyzing and affirming the emotional distressissue in the present criminal frame. Moreover, the author also carries on the theoreticalanalysis of how emotional distress is integrated into the present criminal provisions as well asthe specific accusations and the provisions, thereby laying the foundation of the furtheranalysis of how to judge the emotional distress in criminal law.The third part includes the problems of the judgment of emotional distress in the criminallaw and the suggestions on its perfection. On one hand, in terms of the problems, combiningboth the static and dynamic judgment in criminal law, the author puts forward the problems of the scientificalness, systemeticness and comprehensiveness of the criminal law judgment, aswell as analyzing deep these problems and the reasons. On the other hand, the author tries topropose his own analysis and propositions of the perfection. In addition, the author also bringsup his preliminary opinions about how to judge the emotional distress that can not be coveredby the medical mental illness, and proposes to set up “intimidation” to deal with the problemof how to judge the slight emotional distress in criminal law, meanwhile discussing otherproblems, such as the systemeticness and scientificalness. What’s more, the author proposeshis own advice and suggestions on the construction of the scientific and strict judgmentsystem of the emotional distress as well as the comprehensive and complete judgment of theemotional distress in the juridical practice.In general, through this thesis, the author hopes to draw attention to the issue of theemotional distress, then carries on further study on it, thoroughly solving the crucial issue thatinvolves the normal operation of the person and society. What’s more, the author hopes toanalyze and affirm the relevant criminal facts timely, comprehensively and objectively,thereby effectively punishing the crimes and protecting the lawful rights and interests of thevictims.