Discussion On The Deficiency Of Incriminating Standard And Legislation Perfective Of Intentional Injury Crime

The intentional injury crime is a common and frequent traditional crime,which is closely related to people’s physical health and the stability of social security.In the theory of criminal law,most criminal scholars argue that the intentional injury to incrimination is above the threshold of minor injuries,and that the crime of intentional injury(minor injuries)has not been attempted.In judicatory practice,the incrimination of intentional injury crime is limited by a high threshold-minor injuries are regarded as the index of crime.That has caused many vicious injury events in our society,owing to they can’t be regulated by criminal law.As a result,they can’t be treat as crime.On the other hand,in order to avoid the great social harm,those people who committed intentional injury crime has been punished by other charges,which damaged the principle of the law of crime.As a single standard of intentional injury crime,the minor injury can’t adapt to the increasing number of injury cases in the society.Therefore,we should reduce the standard of intentional injury crime and include the plot factors,managing increasing vicious injuries,protecting citizens’ personal rights and interests.The thesis consists of four chapters except for introduction and conclusion,a total of more than 36,000 words.The first chapter is the body legal benefits and incrimination standards of intentional injury crime.The author summarizes the four viewpoints of foreign criminal law about protecting the legal interests of the intentional injury crime,which are the damage theory of physiological function,physical integral damage theory and the compromise theory,as well as the deterioration theory of healthy state.Besides,the author analyzed the advantages and defects of above points。The author described the standard of incrimination adopted by the current criminal law theory and judicial practice,which is above minor injuries can be considered as the standard of incrimination of the intentional injury crime.The second chapter is the legislative defects and judicial dilemmas of the current criteria for intentional injury crime.In the part of legislative defects,the authors thought that the incrimination criteria of intentional injury crime are single without involving plot factors,leading to mechanical and rigid in some extent.That isn’t beneficial to protect citizens’ personal safety and interests and didn’t adapt to the property crime.Moreover,it doesn’t conform to the trend of times development.In the part of judicial dilemma,according to the criteria of intentional injury crime,no crime or a crime of provocation is the commonmanagement.In judicial practice,this method may be contrary to the law of crime as well as the vicious treatment in the society and doesn’t be consistent with the general citizen’s recognition.The third part is mainly the question and response to the standard of reducing the intentional injury crime.In this part,the author focused on seven possible questions about reducing the standard of intentional injury crime,including the criminal policy not in consistent with mercy increasing judicial costs,the proviso not in accordance with Article 13 of the Criminal Law being difficult to judge the subiectivity of suspects,crowding the line between battering and intentional injury,compensating with other charges,as well as in contradiction with the Order Management and Punishment Law.And then,the author would respond to above seven possible questions,respectively,and put forward the views about this paper.Only by doing so can we further strengthen the persuasiveness of the argument and dispel the concerns of educing the standard。The fourth part is primarily the legislative perfection of the standard of intentional injury crime.The author aimed to provide an overall improvement path and specific methods.In the aspect of thinking,relative administrations should be guided by expanding personal legal interests protection,focus on improving the criminal law legislation about reducing standards of intentional injury crime.Furthermore,they should be oriented toward distinguishing crime from non-crime,this crime from other crime,and take plot factors into consideration.In the specific legislative path,we should set up new accusations,and add plot factors to clarify whether there is conviction of attempted crime or not,so that modify the scope of defiance and affray crime as well as intentional injury crime.Finally,the author,in the anglicizing foundation,put forward some legislative proposals to reduce the standard of intentional injury crime.