Research On The Application Of Criminal Law For Graded Injury Degree

The degree of human injury is divided into three levels: severe injury,minor injury and slight injury.The severe injury is subdivided into first-degree of severe injury and second-degree of severe injury,the minor injury is subdivided into first-degree of minor injury and second-degree of minor injury by The Identification of Human Body Injury Degree.The division of three classes and five degrees meets the needs of judicial practice,the second-degree of severe injury becomes the minimum standard for traffic accident crime;the second-degree of minor injury becomes the standard to distinguish the crime of intentional assault from the case of public security;the slight injury becomes the standard to convict the crime of picking quarrels and provoking troubles.Chinese Criminal Law has a provision for “severe injury”,but no provisions for “minor injury”,“slight injury”,“serious disability”.“Serious disability” should have an specific standard,neither the six levels of disability in Inductrial Injury Standard nor the “first-degree of severe injury”.Taking “minor injury” as the conviction standard of the crime of intentional assault lacks rationality,some slight injury crimes should be taken in the scope of Criminal Law.The author proposes its necessity,feasibility and concrete projects.“Disability” in intentional assault should be understood as severe injury.