An Empirical Study On The Determination Standards Of Violence In The Crime Of Intentional Injury

The "Criminal Law" does not clearly stipulate the degree of violence,and the determination of a specific degree of violence is controversial in judicial practice and criminal law theory.Therefore,when discussing the degree of violent behavior,we should first understand the connotation of "violence".Violence is a tangible physical force.The establishment of different violent crimes requires different levels of violent crimes.The determination of the severity of the violent behavior directly reflects the perpetrator’s subjective sins,and it is also related to the major issue of the perpetrator’s criminal responsibility.This article takes the degree of violence in the crime of intentional injury as the research object.Starting from the concept of violent behavior,first briefly introduce the concept of violence and violent behavior.Secondly,it clarified the boundary between violence and similar concepts.Taking 200 trial practices of the crime of intentional injury as a sample,with the help of empirical analysis methods,analyze and study the degree of violence in the crime of intentional injury.This article pre-divided the degree of violent behavior according to the harm caused by the violent behavior,divided into minor violent behaviors,light violent behaviors,severe violent behaviors,and severe violent behaviors that led to the death of the victim.Corresponding variables were set,and then frequency analysis was used.Calculate the application of penalties for the crime of intentional injury and other relevant data.The binary logistic regression analysis method is used to calculate the influence between specific variables including the degree of violence and the result of the punishment judgment.Through the results of empirical analysis and testing,this article finds that the degree of violent behavior in the crime of intentional injury should not be “consequentially based”,and the result of the injury behavior is not the only criterion for considering the degree of violence.The degree of violence not only needs to consider the result of the hurting behavior,but also depends on the media of the hurting behavior,the location of the perpetrator and other related factors.In addition,the empirical analysis results also reflect some problems.Sentencing deviations for intentional injuries with similar levels of violence and similar nature are more serious.The extent of the perpetrator’s violent behavior has different effects on the results of the penalty judgment.The specific manifestation is that the influence of the perpetrator’s personal risk factors on the results of the penalty discretion is extreme.After sorting out the influence of the sentencing scenarios that may affect the results of penalty judgments,it is found that the degree of violence and other discretionary sentencing scenarios have too much influence on the results of penalty judgments.The degree of violence is an extremely abstract and complex issue.If the degree of violence is to be explored in a mathematical sense,it cannot be described in precise language.Based on empirical results,combined with related theoretical research,this article attempts to provide a more feasible general method to define the degree of violence.That is,the general scope of the degree of violence is defined by the protection of the crime of intentional injury.The statutory penalty for the crime of intentional injury is used to define the degree of violence.According to the essential characteristics of the crime of intentional injury,the upper and lower limits of the degree of violence are defined.