An Empirical Study On The Penalty Application Of Intentional Injury

The crime of intentional injury is a high incidence of charges in practice.In order to unify the sentencing standards,the sentencing guidelines provide for the crime.However,in the judicial practice,the crime of intentional injury still exists imbalance,the most important reason is the improper application of sentencing circumstances.In the analysis of the sample,it can be found that in some samples,the sentencing circumstances have a very small impact on the announced penalty,and some of the sentencing circumstances hardly play a role.However,some of the circumstances have a great impact on the announced penalty.If the application of the circumstances of sentencing is not standardized,it will easily lead to the imbalance of the application of the penalty of intentional injury in practice.In terms of probation application,due to the different understanding of the "less plot" in the application conditions of probation,there is a big difference between the probationary application of a lighter or mitigation punishment circumstance and the case which have two lighter or mitigation punishment circumstance.In order to clarify the current situation of the crime of intentional injury and promote the standardization of the application of this crime,the article selects a total of 1016 judgments in Chongqing in 2016 as a sample of the case,using SPSS software to quantify the case samples,we found and analyzed the actual problem of sentencing in the application of punishment,and put forward some suggestions based on the results of data analysis,in order to achieve the balance and fairness of sentencing.The full text is divided into five parts.The first part,the basic situation explanation.In this part,first of all,through introducing the current situation of intentional injury crime and the application of punishment,the research background is analyzed,and then the content of the article is clarified,then it introduces the research methods used in the article,and finally focuses on the selection of sampling,sample sources and sampling methods,sample statistical items to be explained.The second part is the basic situation of the application of the penalty of intentional injury.In this part,we use the descriptive statistical analysis fuction of SPSS to make a quantitative statistical analysis of the actual punishment and the application of probation.The number of cases of fixed-term imprisonment of less than three years is found to be many,and the probation rate of the crime of intentional injury is relatively high.The third part is about the factors that influence the discretion of punishment.Th is part mainly analyzes the factors that affect the application of the penalty of intentio nal injury from the actual punishment and the probation of the crime of intentional in jury.Through the use of SPSS regression analysis,correlation analysis,SPSS cross-tab le analysis,multiple response analysis and other functions of the damage consequences and substantial punishment,as well as various commonly used sentencing circumstanc es and substantial punishment corresponding relation and degree of influence.The rese arch method of the application of probation is the same as the research method of the actual punishment of intentional injury crime.Through the research,we found four p rominent phenomena in the application of punishment for intentional injury.The first i s that there is a great gap in the application of the penalty of intentional injury,and t he second is the high rate of application of probation for the case of three years impr isonment,and the third is that the compensation plot has a great influence on the app lication of penalty,the fourth is that some sentencing circumstances are not significant in the regression analysis.The fourth part is the analysis of the problems and reasons in the application of the penalty of intentional injury.This part mainly based on the current situation of the application of punishment and the statistical results of the impact factors,respectively,from the substantial punishment of intentional injury,probation and sentencing plot three aspects of intentional analysis problems in the Application of the Penalty of the Crime of Injury.Through the analysis of the prominent phenomenon found in the last part of the study,we can find that there is a big gap between the application of punishment for intentional injury and the unreasonable understanding of the applicable standard of probation,the role of compensation in the application of punishment is too large,and some sentencing circumstances have no effect on punishment.The fifth part is the perfect opinion on the application of the penalty of intentional injury.This section gives some suggestions on the issues raised in the fourth part.First,correct the standard of baseline punishment.Second,to further divide the circumstances of sentencing.Third,limit the application of probation with liability penalty.Fourth,improve the standard of compensation plot.Fifth,standardize the application system of circumstances of sentencing.