| The people involved in cases of intentional injury is very common in the judicial practice,and this kind of cases are complex and diverse,but the provisions on the crime of intentional injury in China’s criminal law is too simple,so the judicial organs in the treatment of people involved in the case of intentional injury often because of the qualitative behavior of different participants,and the difference in similar circumstances the participants of conviction and sentencing,has affected the judicial authority and credibility.This thesis is divided into 4 chapters apart from introduction and conclusion:The first chapter,according to people involved in the case of intentional injury type comb,clarifies the intentional injury status and role of the participants in the case of many people involved,and to distinguish between crime and non crime of organizing criminal,abettor and accessory,and the analysis of the various participants,doer or non real travelers next,the participants constitute the crime.The second chapter,according to different modes of crime and the status and role of the participants in the case,the criminal responsibility and incidental civil liability of the participants are identified.The basic principles of partial full responsibility and the principle of adaptation to crime and punishment are discussed.Based on this,the identification of the successive accomplice in the crime of intentional injury and the determination of the limited liability of some participants have been discussed.The third chapter,this paper discusses the cognizance of several cases of intentional injury under several special forms,including the discontinuation of the accomplice,the determination of the responsibility of the one-sided accomplice and the determination of the actor’s responsibility in the case of aggravated consequential offense.The fourth chapter,this paper compares the legislation and judicial practice of intentional injury between China and foreign countries,introduces the crime of auxiliary crime in the field,the special case of simultaneous injury,the crime of atrocities in the continental law system and the beating crime in the common law system.In conclusion,the author points out that the study of the determination of the responsibility of the crime of joint intentional injury can ease the controversy between the qualitative and the sentencing of the joint offenders in practice,and thus be conducive to the unity and justice of the judiciary. |
