A Case Study Of "Zhao Mou Mou And Other"s Injury

In recent years, the crime of intentional injury crime rate showed a rising trend, the judicial practice, prosecutors, court admissible in criminal cases. mostly intentional assault. Sometimes caught in a bottleneck in the conviction and sentencing of the judiciary but for the crime of intentional injury, because intentional injury to the crime and other crimes in a certain limit distinction is not very clear. especially in the intentional injury causing death in the case, and more is often very intense controversy, some the merits similar cases in the judgment of results are indeed different, the face of the conviction and sentencing of the results, both the pleadings, academics and judicial practice have some reason and unresolved doubts.In order to solve the problem of the often controversial practice, this article attempts by Zhao Moumou intentional injury case analysis mainly on this issue in a similar case analysis. From the following aspects are discussed in the present article.. In specific cases, the defendant armed catch up with the death of people’s behavior should be identified identified the reasons for the crime of intentional injury done to deserve, and finds that the reason for his sin. From the objective and subjective analysis of intentional injury causing death was established conditions to analyze the causal relationship with the perpetrator committed an intentional injury behavior and the result of the death of others.Similar cases start to analyze the crime of intentional injury. Similar cases start to analyze the crime of intentional injury, demonstrated the same behavior of physical contact or armed catch-up or use of the environment caused by the victim injured cases in the judicial practice judgment. Analysis on the characteristics of the crime of intentional injury, study the legal interests of the damage, the damage method to make the difference through the analysis and appraisal of the crime of intentional injury and other related crimes.Third, the above problems, it is due to China’s criminal law intentional injury crime legislation exist some problems, even after the change, but still lag is not flexible enough, the problems face the actual situation is indeed significant weakness, which seriously affect the judicial enforcement fairness, hope to make some constructive suggestions, practical experience and learning constantly improve in order to pass the proposed legislation.