The Study On The Judicial Issues Of Intentional Injury Of Minor Injuries

As the violent crime is a traditional and hairstyles of the crime of intentional injury, and the interests of the people and social stability are closely related. So the crime of intentional injury by academics and practitioners favor. But deliberately hurt how to deal with minor results were achieved in the case, it still belongs to the blank in theoretical research, there is also a large number of disputes in judicial practice. In judicial practice, the intentional slight injuries did not reach minor results are generally handled in two ways:one is, the public security organ in accordance with the "Public Security Management Punishment Law" as the public security case processing, administrative punishment, it is easy to make the public security organs in criminal cases will be characterized as public security case, damage the interests of victims; two, procuratorial organs will be in accordance with the "suspected stir up trouble crime" prosecution, this will make the criminal suspect because of their dissatisfaction, the penalties may be higher than that of the crime of intentional injury.I read a lot of books and papers found:attempted intentional slight injuries is rarely talked about the problems in the academic circles. There are two main reasons:one is the crime of intentional injury, our country legislation relatively rough, sentencing starting point not specified, only rough specifies how to punish the three case hurt others body, causing serious injury, death caused, which will lead to the judicial practitioners believe that only minor injuries, intentional injuries results to be convicted sentencing, this is a large number of injury cases is to cause "Public Security Management Punishment Law" punishment. Two, some scholars believe that did not meet the minor belongs to a minor, according to the principles of criminal law, can not be a crime, it can also improve the judicial efficiency. The aim of this essay is:it is revealed that the processing difficulties attempted intentional slight injuries problems in judicial practice, the cause of in the legislative and judicial practice from the plight of deep mining, and to explore the path of solving these problems on the basis of.This paper is divided into three parts:the first part, analysis the Judicial Dilemma attempted intentional slight injuries:the public security organs to public security case instead of criminal cases, finalized for the defiance and affray crime lead sentence stress. The second part, put forward the cause of the dilemma:legislation, the crime of intentional injury related stipulation is too sketchy, the restraining criminal law principle, the effect of intentional injury and stir up trouble crime clear boundaries; the judicial level, the procuratorial organs of the public security organ defects, the method of case filing supervision our results blamed neglect subjective intention. The third part, aiming at the difficulties and reasons put forward the solving path. First of all, we should consummate the legislation:the relevant provisions, Japan learn from crime of violence and assault to sort out the boundaries of the crime of intentional injury and stir up trouble crime; in the field of judicial practice, perfect the procuratorial organs of the public security organ to file the case supervision, judicial personnel change idea, stick out from the objective to the subjective theory of crime constitution.