| The Identification of Human Body Injury Degree is legal standard of authenticating the human body injury degree,the expert opinion of human body injury degree has important meanings for promoting the criminal proceedings,discovering the legal facts in personal injury and securing the justice of the judgement.The identification of human body injury degree is the technical specification of Criminal Law and other laws and regulations.It plays an important role in distinguishing between crime and non-crime,the crime and others,minor offence and grave crime,and providing the basis of supplementary civil compensation and criminal reconciliation.There are 40 articles referring to human body injury in Criminal Law,The Identification of Human Body Injury Degree applied frequently and widely in judical practice.In the practice of criminal justice,expert opinions of human body injury degree are adopted completely,judges excessively rely on expert opinion.By retrieving cases on China Judgement Website,the author finds out that there are just 5 copies of the judgment which have sated that “expert opinion will not be adopted” in 98711 copies of the judgment.In my opinion,the Identification of Human Body Injury Degree is the mandatory standard with the nature of the judicial interpretation.It's the only standard of authenticating slight injury or serious injury.There is no conclusion of legal status of the Identification of Human Body Injury Degree,although it's important.The legal status of the Identification of Human Body Injury Degree shoud be clarified by legislation and judicatory explanation.There are still some legal issues of the Identification of Human Body Injury Degree in criminal legislation and judical practice.There is few regulations of the extent of the damage,it's difficult for reappraisal,it's nonstandard of investigating and using the medical certificate and so on.We could solve and perfect these issues by putting forword some targeted suggestions. |
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