The Discussion Of Special Damage In The Criminal Law

In recent years,the intentional injury presents a trend that the way of crime is complicated and diversified,which increase fetal injury,mental injury and spread of infectious agents and other special injury.The connotation and denotation of the "injury" in traditional criminal theory has shown not to adapt to the needs of the development of judicial operations.These situations bring about the difficulty to the judicial organs that affirm accurately the nature of special injury behavio,and that,the academic sector of criminal law launched a fierce debate.Therefore,it is necessary to redefine the concept of " injury" and research and discuss the c special injury.This article mainly discusses four issues that is the implication of injury,mental injury,fetal injury,intentionally spread of infectious agents.This paper advocates the respect for the value of a man,especially the spiritual value,and protects the human health all sidedly,and then,put forward my own point of view.Human health is divided into body health and mental health,and the object of injury include the right of mental health.The past point of physiologic function injury cannot to cover all the injury behavior.So it is appropriate to adopt the view that injury is deteriorate the health.The ways of mental stimulation such as,gaslighting,threats,intimidation,lead to others brain function activities occur disorder,cognitive aspects and behavior of mental disorders or missing,which seriously damage to others mental health.These behaviors shall be deemed to injury.In addition,,regarding fetal harm,criminal law should admit the subjectivity of the fetal position,and add deliberately harm the fetus.Deliberately spread curable infectious pathogens for the specific object,is intentional injury,spread of AIDS and other incurable infectious agents is intentional homicide.Finally,the author thinks that it is necessary to reproduce the concept of injury,and define renewedly the concept of injury onthe basis of the humanistic spirit of the criminal law.