| Deliberate hurt crime is to hurt other's health of body deliberately. Its crime object is human's health of body right, it is restricted relatively narrow, it includes the hurt of body organization and the loss of body organ basically. According to the human's health of spirit right, the crime doesn't refer it, but the case in practice makes us to analyze the ancient crime again, health of spirit right and health of body right are two basic rights for human, they must be emphasized, not only in theory but also in practice, or the law can't settle the problem of human's health of spirit right, the author introduce the first telephone case in China, tell us that the crime object has an error, the complainant of spirit right was hurt deliberately by the defendant, but he can't be protected by the law, or the defendant wasn't punished by the law. The reason is that the criminal doesn't have the article to protect the human's health of spirit right, although some articles have the similar content which punish the act of hurt the human's health of spirit right, they can't settle this kind of problems. The author read many relative articles and books, then it has the basis of theory and practice that the object of deliberate hurt crime conclude the human's health of spirit right, first of all, in order to protect the human's right; secondly, protect human's freedom; finally, achieve the equity. Its practice basis include in the modern progress of the Chinese law, the progress began in 1997, it has been ten years until now, of course, it has many success, but some content can't follow the need of our life , so we should learn from the British and American laws to improve ours. Besides these content , the author introduce the assaults in English and American laws, the object of the crime is the human's health of spirit right, after comparing with the assault, at the same time study the articles of our authors, the author think that the object of deliberate hurt crime conclude the human's health of spirit right .In the second part of this paper, the author analysis the error and the improvement of the law about the human's health of spirit right in the objective aspects of deliberate hurt crime. Its objective aspects have two points: the first one is that the act must be unlawful, or it will be lawful, such as injuring unlawful defendant in order to protect oneself; the second one is that one must carry out the unlawful actions to hurt other's health of body right, for example, the hurt of integrity of human's body and organization. The objective aspects deliberate hurt crime is decided from the results of the crime, only the result of the body hurt can conclude the crime, the spirit can't be protected by the crime. The problem should be settled as soon as possible, or more and more complainant will be hurt. The way to deal with the problem is that we should change our thought now and settle it from the aspect of the complainants themselves. The author grounds on the definition of deliberate hurt crime, cites the true cases in practice, in the same time, refers the definition of the British and American laws, researches the objective aspects of the crime, analyses and studies the relations of crime and victim, the basic theory of victim, finally suggests that the objective aspects of the crime should conclude the spirit hurt.The health of human's body and spirit is very important to everyone, they act each other, if one is hurt, another will have effect, too. Therefore, we should protect both of them sufficiently. |
