Study On The Standard Of Identification Of Seriousinjury

In judicial practice, the cases of intentional injury are complicated. Whether the damage belongs to serious injury is a substantial problem which involves criminal facts, and the accuracy of discrimination, the comprehension of understanding, and correction of application directly influence the affirmation of the guilt, conviction, and measurement of penalty. Though article 95 in the General Provisions of Chinese Criminal Law rules clearly about serious injury, there still exist some problems in the judgment of serious injury, i.e. the understanding, application, and measurement of penalty of that article in the current judicial practice. With the background of the theory of structuring harmonious society and the policy of "tempering justice with mercy", Chinese theory and practice fields constantly explore the way to improve and perfect the serious injury system in criminal law. However, the study on the theory is in the exploratory stage, and the criterions of recognition and measurement of penalty of serious injury are different in the judicial practice.The article mainly analyses several problems of serious injury in Chinese current legal system by correlating legal theory and medical theory and method, trying to deeply probe and study these problems in order to comprehend and apply the article of serious injury scientifically and comprehensively, and effectively solve the difference in theory and practice in judicial practice.There are five parts in this article.The first part discusses the general theory of serious injury, introduces the concept, the legal characteristics of serious injury and the principles of the diagnoses, The principles of diagnoses serious injury include diagnose according to law, objective, independent, timely and confidential diagnose.The second part introduces the articles of serious injury in foreign countries’criminal law, and comparing them with that of our country.The third part evaluates China’s Identification Standard of Human Serious Injury, introduces the history background of the proposal, the legal characteristics and the legal status, and deeply analyses the deficiency of practice of the Identification Standard of Human Serious InjuryThe fourth part compares the content and form between the Identification Standard of Human Seriously Injury and the Identification Standard of Human Injury Degree, and analyses the new characteristics of seriously injury in the Identification Standard of Human Injury Degree to better understand and apply the identification standard of seriously injury.The fifth part, to make the Identification Standard of Human Seriously Injury more scientific and normalized and really realize the legal protection of the legitimate rights and interests of citizens, puts forward rational suggestions of the improvement and development of the Identification Standard of Human Seriously Injury.The conclusion part further emphasizes the value of seriously injury identification, pointed out the existing problems of the Identification Standard of Seriously Injury. The theory circle and the practice circle have to make further exploration and research. The problems should be more concerned.