Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule

The Recognition of Intentional Injury

Author LiHuaQing
Tutor XuZuo
School Jilin University
Course Criminal Law
Keywords Intentional injury Protection of legal interests Victimization Identified
CLC D924.3
Type Master's thesis
Year 2007
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Intentional injury is the criminal offence of intentionally illegal damaged others healthy. The Human body health is the important legal interests. Intentional injury not only seriously endangers the Safety of citizen,but also seriously break social order. In the judicatory practice Intentional injury is presents to deliver trend more, but in the theories of criminal law, the research of intentional injury almost stop.The legal interests of intentional injury is the human body health in traditionally, but the human body health is a concept, which include the health of physiology、mentally and Spirit. On the criminal law, the Human body health is a particular concept. When we recogniced the intentional injury, we should notice this point. In this thesis, the legal interests of intentional injury is defined the safety of others physiological mechanism. On the basis of“eliminating illegality”doctrine, the author explicates why result evaluation theory should be grounded upon to determine whether a battery with the victims consent constitutes the crime of intentional injury. Pursuant to the normative purpose of“starting”, the author reasons how intentional injury of fetus has not been committed unless fetus is born to the world. Hurt body assistance organs, such as false teeth and artificial limb...etc, although have no result out the damage of the society at objective, but for the individual, is resulted of the greatly damages, just the manifestation of this kind of hurting is more special, have no actual of injury. This Article from the legal interests of intentional injury, recognices this kind of injury behavior to intentional injury under some conditions.Intentional injury recognices is owed to recognice the injury behavior. The behavior is the core of law. Intentional injury behavior to have no classification in the law, whether severely Intentional injury behavior or slight Intentional injury behavior, both of them are recogniced for intentionally injury behavior. But in the legal practice, at the time of adapting the law, have a necessity to Categorize and recognice the injury behavior. The slight Intentional injury behavior means that the person with the lightly hurt Intentional carried out slight Intentional injury behavior and resulted in the lightly hurt. The Severely Intentional injury behavior means that the person with the heavy hurt Intentional carried out severely intentional injury behavior and resulted in the severely hurt. According to the knowledge of the Intentional injury behavior, the author thinks that the slight Intentional injury attempt was not recogniced to crime and the Severely Intentional injury was recogniced to the Intentional injury.In the circumstance of rule by law, the principal offender, which is not only a formal concept with the core of commit, but also a essence ones, is divided into pure and revise two styles. The latter includes the indirect offender, the joint-plot offender and the success offender. According to the commit nature, the indirect offender could not control the other offender with voluntary. The organizer should be ascertained by the joint-plot offender, and there are other offender ought to be punished by it also. The success actor can be treated as offender and be reproached for the prior result. Instigating being a special type of crime, instigators do not commit crime directly in person, nor do they commit crime indirectly, then why should they be punished? It is an issue of the foundation of the punishing instigators. According to theories in the criminal law field abroad and at home about the foundation of punishing instigators, this article thinks that the legal foundation lies in that their instigating actions conform to the modified criminal components. When recogniced the instigating of the Intentional injury , we should notice the differentiation between the instigating offends and practice offends. The offences which the person makes use of the nonage to commit crime should be recogniced crime instead of instigating.The aggravation of intentional injury have two types, one is the severely injury of intentional injury, the other is the death of intentional injury. For the former, I think that we should follow the penal treatment: the first, the offence which have severely hurt intentional without the result should be recogniced the intentional injury attempt and adopt the rule of the criminal attempt. The second, the offence which have severely hurt intentional with the lightly result should be recogniced the intentional injury and directly adopt the criminal law. Because when the offence which have severely hurt intentional with the lightly result, the lightly result have the same objectively in the scope of the lightly intentional injury, so basis on the penal of the lightly intentional injury should be suitable. For the latter, the death result of the intentional injury does not exit the attempt. In the common crime,the offenders of the common crime do not establish the common crime, but they all undertake the responsibility of death result. Because in the criminal law, the death result of intentional injury is not an independence criminal charge, it is only the aggravation of intentional injury. The Common crime is more than two persons who have the action of execution in the same crime. According to this concept, it is not necessary to discuss that whether the death result of intentional injury have the common crime, only we are sure that the intentional injury have the common crime. Under the Circumstance that the intention injuries have the common crime, If some people among of them s behavior was result of the death result, all people undertake the responsibility in the scope which they can predict.

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