Research On Issues Related To Intentional Injury

Intentional injury is a kind of behavior that is of ancient origin, wide range and high frequency in the history of world criminal law. And as a extremely important crime in China’s existing criminal law in violation of citizens’ personal rights, intentional injury is often involved in judicial practice. It is controversial in the theory and practice of the crime which refers to the act of hurting others body illegally and intentionally. <the Criminal Law of the People’s Republic of China > Article 234 Whoever intentionally inflicts bodily injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever, by committing the crime mentioned in the preceding paragraph, causes severe bodily injury to another person shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. If he causes a person’s death or causes severe bodily injury resulting in severe deformity to another person by especially cruel means, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. The criminal form of intentional injury gives rise to criminal law theory research and new disputes on aggregated consequential offense, transforming crime, at the same time committed and imagination concurrent crime.This study divides into three chapters. The first chapter begins with the constitutive elements and judicial actuality of intentional injury and the differences between beating behavior and intentional injury behavior. Then it expounds the objective imputation approach is incorrect in the judicial practice, while Studying on the subjective intent of the injury. As a consequence of this research, intentional injury requires damage deliberately, but the offender is not required to have an explicit understanding of the severity of the injury.Based on the analysis of the first chapter, the second chapter explored the position of the three kinds of results of light injury, heavy injury and death and the definition of the stop form of intentional injury. The author argues that intentional injury causing death belongs to the aggravated consequential offense and there is no problem of attempted crime. The aggravated consequential offense do not include severe injury which does not beyond the basic crime constitution of intentional injury and exists stop form, so there is no need to distinguish between heavy damage and light damage.The third chapter has a discrimination between crime of picking quarrels and provoking troubles and intentional injury to provide reference to the behavior of the perpetrator in the judicial practice.