Probe Into The Criminal Law Regulation Of Attempted Intentional Injury

Intentional injury is a very common crime.The existing divergences in theoretical circle like whether there is an attempt in this crime or not and how to regulate this attempt are all because of the ambiguity of legislation.The judiciary has always adhered to the result of "slight injury" as a condition of sin,and the intentional injury behavior of no result of minor injury is innocence or criminalization.The "only results theory" approach violates the basic principles of criminal law and the basic principles of subjective and objective,criminal law and legal equality,and it is difficult to adapt to the new situation of deliberate injury cases with multiple types and rapid renovation,it is also not conducive to curbing the violent temperament that has existed in Chinese society for thousands of years.Exploring how to improve the regulation of intentional injury from the legislation,and to solve the urgent problems that need to be solved in the theoretical and practical circles.On the basis of analyzing the relevant legislation on the attempted intentional injury,the article puts forward that the crime of intentional injury is in the form of attempted failure.Combined with the common policy and realistic predicament in the judicial practice,it analyzes the necessity and scope of the criminal law system intentional injury attempt,advocating the return to the source problem and exploring the path of regulation of intentional injury.The full text of more than 32,000 words,in addition to abstracts,conclusions,and acknowledgments,is divided into the following four parts:In the first part of this article is "a legislative investigation of intentional injury." This section focuses on the relevant provisions of intentional injury attempt at home and abroad and China's legislative reflection.First of all,it introduces the relevant legal norms of intentional injury in China and defines its concept.Secondly,it introduces the criminal law of the typical civil law countries and the common law countries for intentional injury;Finally,the comparison of legislation between China and other countries is made to rethink the shortcomings of China's current legislation,meanwhile,which gives "introduction" and object definition for the existence of the attempted crime of intentional injury.The second part is "the judicial dilemma of intentional injury." This section demonstrates many "flow problems" exposed in the case of the "source problem" faced by intentional assault crimes,and it has been hitherto and needs to be resolved.Firstly,the article introduces the common policy of deliberate injury attempt in judicial practice is introduced,i.e.we will treat the injury behavior of “no minor injury or above” as innocence,but the result of “no minor injury” will be caused by bad nature,complicated case and bad social influence.The injury behavior is treated as his sin.Secondly,the article analyzes the real dilemma of intentional injury,namely,the lack of legal protection in the judicial practice,the unfairness of the procedure,the inconsistency of the crime,and so on to pave the way for countermeasure research and to strengthen the understanding of the dilemma caused by the denial of intentional injury.The third part is "deconstruction of the criminal law system of intentional injury." Firstly,it discusses the necessity of criminal law system intentional injury attempt,and demonstrates the rationality of the intentional injury attempted behavior from the perspective of behavior itself,"The perspective of binary illegalism" international perspective and social public perspective.Secondly,it discusses the principle of modesty,the principle of balance of crimes and the principle of legal and equitable balance,which are required to follow the criminal law system.Finally,a clear determination is made on the scope of the “injury attempt” that can be sentenced,that is,whether there is a clear distinction between light and heavy injuries,and whether it is necessary to include all penalties.The fourth part is " exploring the path of iIntentional injury and unsentence regulation." This section is specialized in figure out solutions for the high-profile situation of atrocities.in order to maintain social order,at the same time,it can handle the conflicts between the criminal law and the attempted injury attempt,and explore the criminal law path of intentional injury attempted behavior,that is,modify the criminal expression,perfect the criminal law interpretation,and add exclusive crimes.Focus on why we should add "atrocity crimes" in our the current criminal law? It also clarifies the specific concept of atrocity crimes,namely the concept of atrocities,the design of legal articles,the constituent elements and expected problems as well as their solutions.