On "Injury" In The Crime Of Intentional Injury

The word " injury " has a long history and is widely used in the context.The emotional injury caused by quarrels between couples can be called injury,and the physical injury caused by fights between the two parties can also be called injury,even hurting other people ’ s pets.To a certain extent,it can also be called injury.Although the word “ injury ” is used in many occasions in the daily context,and there are no special restrictions on its use,in the crime of intentional injury,due to the severity of the criminal law itself and the humility of the initiation,the connotation of“ injury ” is required to be more clear in interpretation and stricter and more standardized in identification.According to the provisions of Article 234 of the Criminal Law,who intentionally injures the body of others,shall be sentenced to fixed-term imprisonment of not more than three years,criminal detention or criminal control......From the point of view of the law,’ injury ’ means hurting the body of others.Since the formulation of the law is too simple,the understanding of the meaning of “ injury ” inevitably raises the following questions : to what extent is injury to the body of others ? What kind of behavior should be hurt ? And can the inconsistency between the injury behavior and the object targeted by the injury result be identified as injury ? Based on this,the text is divided into the following three parts :Part one,damage as a result.The term " injury " can be interpreted as the result of injury.According to the different contents,the result of injury can be divided into substantive injury results at the abstract level,such as physiological function damage,organ integrity damage,and more specific narrow sense results,such as visceral rupture,fracture,etc.The latter is the result of the constitutive requirements of the crime of intentional injury.According to the “ identification standard of human injury degree,” it can be classified into the category of minor injury,minor injury or serious injury,and whether it constitutes the crime of intentional injury is identified according to the habitual practice of “ minor injury as the threshold for conviction ”.Although the conventional practice of identifying the crime of intentional injury in practice can improve the efficiency of handling cases,it belongs to the ought-to-be practice.There are many disadvantages such as lack of legal basis for identification,unclear nature and unreasonable content of ’ human body injury degree identification standard ’.Therefore,the interpretation of the results of injury should return to the actual level,explore the essence of the results of injury,understand the essence of the connotation of the crime of injury,that is,injury refers to the damage to the physical integrity of others or the damage to the physiological function of others and how to understand the damage to physiological function.The second part,as the damage of behavior.The verb ’ injury ’ refers to the injury behavior.In nature,the injury behavior has three characteristics : health damage,illegal infringement and object specificity.There is no fixed mode in the content of the means.In addition to the common violent injury behavior in practice,there are also non-violent injury means such as mental stimulation,chemistry,pharmacology and pathology.Clarifying the concept of ’violence ’,distinguishing violent injury from non-violent injury and focusing on non-violent injury cases are helpful for a more comprehensive and in-depth understanding of the meaning of ’ injury.’ The third part,the dislocation of injury behavior and injury results-the qualitative of fetal injury.The crime of intentional injury is a crime committed against the body of others and causing a certain degree of damage to the body of others.It requires that the object of action targeted at the implementation of the injury behavior is consistent with the object of bearing the injury results.But in the attack is still in the abdomen of the mother ’ s fetus caused by death or disability after birth,due to the implementation of the injury behavior does not exist in the legal sense of the person but caused the injury results of the person after birth,at this time,there is inconsistency between the object of the injury behavior and the object of the result that dislocation,so whether there is identified as intentional injury and identified as intentional injury to whom,is the focus of this part of the discussion.