The Case Analyzes About Intentional Injury Case Of Mr.Chen

Through in-depth analysis of a case of intentional injury Chen, This article leads on the theory of criminal reconciliation, personal danger, and probation enforcement. These issues relate to criminal law in the general theory of crime, penalties on criminal policy and existing, are contemporary judicial practices to be solved. Criminal reconciliation of which has an impact on the foundations of the criminal law, perpetrators of personal danger is theoretical circles to be belittled by criminal law, the need to incorporate crime concerns into dispute, suspended for lack of regulatory body, serious impact on the effectiveness of a suspended sentence.This article is divided into introduction, body and conclusion three chapters, about 17,000 words, as follows:The first part analyze the potential exists to the value of criminal justice practices by Criminal reconciliation. By on case analysis, known existing criminal reconciliation on punishment statutory principles of against main reflected in party of disorder reconciliation, private right too interference public right, directly effect to criminal law of stability; on legal before everyone equal principles of against reflected in wealth of how many can decided is conviction punishment, sentencing punishment of severity, appears does not just of criminal law applies; on guilt criminal phase consistent principles of against reflected in with mass different criminal, same nature, and same plot of judgment some sentenced, some light Department, results odds, serious damage has judicial prestige; on judicial practice of impact reflected in private right was abuse, appears private right led criminal law of cart before the problem. And the judge was criminal reconciliation kidnapping embarrassed, seriously interfere with the independence of the judiciary. This paper proposes we should take rational view of the criminal reconciliation, and should not blindly forward, shaking the foundations of criminal law.The second part is the discussion on the significance of criminal law and judicial application of personal danger. This article first defined on the concept of personal danger, that personal danger were possibilities of those who commit crimes (not including crimes of those who commit sexual), and to sort out the relationship between the three easily confused concepts of personal danger, subjective malignant and social harm, with a precise definition of personal danger. Then articles analyze the status of personal danger in criminal law. First, the status of personal danger is outstanding not only in crime, and also in the sentences on the significant. Then put forward establishing including dual Constitution of a crime of personal danger in a crime. Second, think personal risk in sentencing especially implementation case of fair justice has very important of significance, and discussion how finds personal dangerous sexual, made in finds personal risk in the need considerations of factors; Last, made personal dangerous sexual of judicial applies advocated, recommendations in procuratorates established personal risk identification Committee, more science reasonable of conviction sentencing, while prevention judicial corruption of occurs, implementation criminal law of value.The article has first analyzed the question which in the suspension of sentence execution exists, mainly manifests in the suspension of sentence execution legislation not perfectly, the supervision main body loses the position. The article union criminal law bill for amendment (eight) the stipulation which rectifies to the suspension of sentence community, proposed that undertakes the suspension of sentence community by the social comprehensive program of public order department to rectify the supervision, procuratorate's jail subordinates gate and the suspension of sentence social organization volunteers, in the community rectifies the social organization, enhances the suspension of sentence effectively by the transformation success ratio, realizes the probationer to socialize again.