Research On The Attempted Problem Of Intentional Injury

Article 234 of the criminal law to make a provision for this important crime of intentional injury, but its provisions are too simple, not to the problem of intentional injury types and attempted to make specific provision. Intentional injury due to the difference of the subjective factor and objective factor contains a variety of situations, the presence of attempted form also contains a variety of situations, such as light damage deliberately not minor consequences, light damage intentionally injury consequences, heavy damage deliberately minor consequences, damage deliberately did not cause any damage results, etc. Convict in judicial practice, in order to save the cost, simplify the process of conviction, not specific situation specific analysis, objective imputation of intentional injury by way of conviction, attempted to avoid intentional injury problems. In the judicial practice in accordance with the results of conviction approach violates the basic principles of criminal law, lead to the unjust case treatment, damage the legitimate rights and interests of citizens, harm the judicial authority. In this paper, through combining the theory of criminal law norms and real world issues of intentional injury attempted comb, find out the question crux, demonstration of intentional injury attempted the legitimacy of the existence and the existing situation, and finally decided on attempted intentional injury. This paper is divided into the following three parts:The first part:the theoretical controversy "attempted" intentional injury exists or not, the theoretical controversy of intentional injury was established attempted or not comb, and controversial views of different evaluation, finally point out the author’s basic point. The basic idea of this part of the paper is based on the current the paragraph two of article 234 of the penal code of classifying attempted intentional injury problems theoretical controversy, points out its controversial opinions and reasons, separately analyzes the controversial focus and evaluation, finally indicates the basic ideas of the author, for below guidance of argument.The second part:"intentional injury to establish attempted argument", this part indicates that the author basic position (attempted) intentional injury was founded on the basis of the argument the legitimacy and necessity of attempted intentional injury was established. Criminal law theory does not deny the possibility of intentional injury was established attempted, on the contrary, intentional injury attempted establishment is the doctrine of intentional injury that the unity of subjective and objective requirements of crime constitution, is to follow the principle of a legally prescribed punishment and carry out for the performance of the adaptive principle. Outside on the legislation of many countries also explicitly affirms the attempted intentional injury was established, which attempted to intentional injury was established in our country provides a good model of problem. Attempted at the same time, must be intentional injury was established and the theory of "only results in the judicial practice of the judicial habit powerful blow, do, analyzing the specific case to handle case justice, safeguard the legitimate rights and interests of the citizens and maintain the judicial authority.The Third Part:"failed" intentional injury was established, the former part has been demonstrated that the legitimacy and necessity of intentional injury was established attempted, this part is the concrete analysis attempted intentional injury was established, including the components of the intentional injury was established attempted (component elements of crime of intentional injury attempted offense), the actual situation of each attempted intentional injury was established, such as minor deliberately attempted established under the circumstances, severe deliberately attempted established under the circumstances, and whether the aggravated consequential offense was attempted.