The Study On "Damage" Of Intended Harm Blame

The intentional harm blame is commonly seen and frequently happened in judicial practice. With the continuous development of society, it emerges one after another with new criminal methods and means. Therefore there are many difficulties in dealing with these cases in the judicial practice. This thesis is to make an analysis of the penal stipulation and judicial issues in our country and give improved suggestions on the basis of using the legislative model and charges stated of intentional injury in the criminal legislation of other countries (regions) as reference.The nature of injury, theoretically there are the following opinions:physiological function of damage, physical integrity of damage, health deterioration theory and compromise. The differences in theories are mainly due to the different understanding of health. Physiological function of damage is a common opinion in our judicial practice. However from the recent precedent cases and theory, it has been realized that regardless of which kind of theory, it can not completely cover all the problems that occur in the judicial practice; a more focused view believed that the physiological function impairment on the basis of the compromise that can be adopted.The difficulties of intended injury are needed to be specified in legislation, so they can be solved with corresponding law in judicial practice. The behaviors in criminal law consists of behavior methods and means, objects in action and the results of behavior. Generally, the damage can be formed as action and inaction, and implemented by violence and non-violence; the objects of harm can be others besides himself or herself; damage results mainly includes slight injury, light injury, severer injury and death. The following cases appearing in judicial practice such as:how to identify harming others by spreading virus and making noises; how to distinguish harm and abuse in particular cases which the injury objects have crossing relation with abuse objects; how to define damage when the injury is death; whether to aggravate punishment when the injury objects involve the occupational relative men or minors and other vulnerable to attackers; whether the mental damage can be identified as the results of harm etc. These are the common problems appearing in the judicial practice.The legislative mode of foreign countries (regions) generally adopted group charges, more provisions and (much detailed) stating the guilt. From the perspective of elements of behaviors, the penal code in the foreign countries (regions) has explicitly stipulation on these particular issues:employing the special damage ways and means such as spreading virus, making noises and using tools to hurt others; the damage objects are family guardianship relations, occupational relative individuals and highly vulnerable to attacks; spiritual damage is the statutory damage results, it takes into account the labor ability and specific damage to the duration and other factors in the criteria of judging the injury result.In contrast, our country adopts single charge, single provisions and simple facts of crime; such legislative mode exposes many problems. In the absence of legislation, the injured party can not be properly and reasonably protected by the law when the special circumstances arise. Therefore in legislation, the crime of violence can be added, the crime of serious injury and death can be indentified as independent crimes, so the legislative mode of multiple charges can be gradually formed. At the same time, the crime legally prescribed circumstances of sentencing system should be optimized, several aggravating, reduce or the circumstances of the crime should be created, and gradually a relatively perfect prove guilt system can be established.