Research On Legal Issues Of Human Injury Identification In China

Criminal personal injury cases are the main types of crimes regulated in my country's criminal law.There are 50 items about personal injury in the sect of criminal law.The determination of injury result is key to the trial of criminal personal injury cases,and it is the accordance of the sentence of crime,non-crime,and light crime.The most important thing about the identification of injury results is the identification of the degree of injury.The identification of human injury is right for this purpose.The effect of damage assessment opinions on criminal entities is reflected on the basis of conviction and punishment,and the main effect on criminal procedures was reflected on advancing the litigation process.The identification of human injury involves three areas: criminal law,criminal procedure law,and clinical forensic identification.This article mainly discusses the legal problems of human injury identification.Currently the substantial legal problems of human injury identification in my country exist the problems that criminal law provisions are sloppy about the degree of damage and ignore the criminal cause and effect relationship;the problem of the procedural law mainly has the conflicts between timing of identification and the statute of limitations,frequent occurrence of repeated identification,victim's subjective mismatch,and sloppy determination of damage facts.At present,most researches on human injury identification in China focus on the field of clinical forensic technology,and there are few researches on legal issues.In this paper,first,the mentioned problems are in consideration of the improvement of substantive issues,namely adds the regulations about light crime in criminal laws,details the sentences of criminal personal injury offenses and adhere to the judgment of criminal causality to make the judicial personnel have a law to follow and limit the discretion of judges and to limit the expansion of quantitative power.The suggestions to improve procedural issues are put forward once again.That is the judge will be determined to the fact of damage instead of directly using the objective fact.Moreover,the starting conditions and restrictions for re-identification as well as a mandatory identification system will be established.It is hoped that on the basis of summarizing judicial experience,operable measures will be put forward for the perfection of human injury identification in my country.