The Judicial Dilemma And Solution Of Exempting Criminal Punishment For Fighting And Causing Minor Injurie

In recent years,China’s criminal structure has changed,and misdemeanors have become a new topic in crime governance in the new era.The sentencing mechanism represented by conviction and exemption from punishment has gradually attracted everyone’s attention.Mutual assault causing minor injury to a person is a common type of misdemeanor in practice.Therefore,the study of impunity in such cases also has important theoretical and practical significance.Starting from the empirical research on the cases of mutual assault causing minor injury,this paper analyzes and seeks solutions to the common problems in judicial practice,so as to provide help for the expansion of the application of exemption for mutual assault causing minor injury.Specifically,it is carried out from the following four aspects:The first part is an empirical examination of a sample of 87 criminal cases.This article selects the cases of minor injuries caused by mutual blows in Tianjin from2016 to 2022 as a research sample.Through analysis of data and specific cases,it is found that there are issues such as unclear grounds for exemption,unclear standards for exemption,and lack of other measures after exemption in the process of determining whether to exempt from punishment in cases of minor injuries caused by mutual blows in Tianjin.The second part of the article analyzes the legitimate basis for exemption from criminal punishment in cases of minor injury caused by mutual assault with similar circumstances.Judging whether the exemption from punishment for minor injuries caused by mutual assault is reasonable is essentially a judgment of the need for punishment for an act.Article 37 of the Criminal Law of China should become a window for judging the "need for punishment" in the sentencing process.The initiation and active participation of mutual assault is actually an act by which the victim makes a commitment to the harm they have suffered.From the perspective of the principle of proportionality and the necessity of prevention,it is necessary and reasonable to provide for the act of causing minor injuries by mutual assault as a legal circumstance that is exempt from criminal punishment.The third part of the article analyzes the discretionary standard of exemption from punishment for minor injuries caused by mutual assault.Mutually assaulting is an act of injury with intent to harm and intent to engage in a fight,and the power gap between the two sides of the fight cannot be significantly different.In the process of distinguishing between mutual assault and justifiable defense in practice,the scope of justifiable defense cannot be blindly expanded,and comprehensive judgments should be made from aspects such as the cause and effect of the behavior.In the process of determining whether the act of minor injury caused by mutual assault is exempt from punishment,reference should be made to the "Guidelines on the Measurement of Penalties for Common Crimes(Trial)" to provide flexible quantitative provisions for many sentencing factors in cases,in order to achieve the goal of the same sentence in similar cases.The fourth part of the article analyzes the necessity and establishment of supporting measures for minor injury cases caused by mutual assault after being exempted from punishment.This article believes that the establishment of supporting measures after exemption from punishment is conducive to resolving some negative impacts in the process of light punishment.Therefore,we should first improve non criminal punishment measures,and on the basis of the positive role of non criminal punishment measures,we can also innovate and establish a community service system,and develop the community service system as the main way to handle misdemeanor cases represented by minor injuries caused by mutual assault.