| In the criminal judicial practice of the crime about wounding or causing grievous bodily harm with intent in China,as long as there are hand-on behaviors in the two parties which lead to light injury or even worse consequences,that would be defined as the crime of intentional assault.How to distinguish intentional assault and the act of justifiable defense and increased results the fight and how to applicate the criminal law correctly has become the hard point in the identification of intentional assault.This article of the crime of intentional injury in China’s criminal law provisions and in the actual operation of the first line of judicial application is discussed.Firstly,the author makes a comparative analysis of the different legal provisions of intentional injury in ancient and modern times,and points out the shortcomings and defects of the current laws in China through systematic comparison.Secondly,from the perspective of practical application,through the understanding and application of the criminal constitution by the first-line judicial personnel,this paper analyzes the problems existing in legal problems through the use of law.This article mainly clarifies the difficult problems in the crime of intentional injury.Due to the widespread use of the general theory in China to deny that there is a view of selfdefense in the general mutual fighting,so that in most cases of intentional injury,both parties who have caused more than light injury are often convicted regardless of the merits and the degree of responsibility.Even some legitimate defense people have taken heavy legal responsibility for causing serious injury or death to the wrongdoer.Therefore,in this part,this article focuses on the crime of intentional injury and self-defense,defense and the result of aggravated behavior to carry out legal and practical analysis.This article discusses the reference meaning of restorative justice to the criminal justice practice of China’s intentional injury.Compare the criminal reconciliation system being implemented in China with restorative justice,find the point of agreement,and perfect the criminal reconciliation system in China;The principle of restorative justice and the system of criminal reconciliation have been applied throughout the judicial practice of intentional injuryIn China,and the public security organs have used the thinking of restorative justice to investigate cases,starting with the handling of criminal cases(especially light injury cases).It is not just simply to arrest suspects and arbitrarily bring cases into the proceedings.The purpose of this article is to provide a theoretical reference for the judicial practice of intentional injury in our country,to identify intentional injury more scientifically and reasonably,and to apply the law more accurately and correctly,so that the people can feel fair and just in every case. |