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Research on Judicial Determination and Penalty Measurement of the Crime of Intentional Injury

Author: WangZuo
Tutor: ShenLiang
School: East China University of Political Science
Course: Legal
Keywords: Crime of intentional injury Judicial determination Sentencing Legislation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 62
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Abstract

Accumulation of intentional assault as a violation of civil rights a traditional type of crime, has been much the concern of the criminal law field, the relevant provisions of more than four thousand years of history, the 1979 Penal Code and the Criminal Code in 1997, has a clear requirements. Today the relevant laws and regulations related to the crime of intentional injury is relatively complete and detailed, the criminal justice system has gradually established. However, with the development of the social crime of rendering criminal means and forms of intentional injury also become more complex, it is also disputed the many laws applicable to problems in the theory and judicial practice due to its complexity, but also There are many difficult issues that must be a theoretically and judicial applicable solution. Author, after a study of the network and related books about the crime of intentional injury of a number of scholarly articles found in long-term research and discussion by scholars of criminal law theory of intentional injury, almost every problem, scholars have had different point of view, but the attention of scholars in different periods are different. The first period of the founding of New China scholars intentionally injuring four crime constitutes sin, crime or boundaries, and boundaries between other similar charges detailed study, scholars in recent years on the crime of intentional injury morphology, mental harm, injury consequences and the crime of intentional injury sentencing. I believe that after a study of the related articles and combing research scholars on the attempted crime morphology of the crime of intentional injury, mental harm more, but still there is a larger controversy. Intentional homicide, assault and therefore hurt the distinction, the distinction of the crime, disturb the crime of intentional injury, have been in the study, but not enough depth. A result of intentional assault committed research, but not yet studied in detail potency, duration, time of the injury assessment. The \Therefore, I will be based on based on the existing research, drawing on relevant national legislative provisions, combined with the accumulated data in their own work practice and case analysis of about intentional injury imperfections of the crime legislation, analysis in the criminal law field controversial issues arise, intentional injury in his discussion of the crime of Legislative History, constitute the basis of the concept of crime, focusing on the problems of judicial determination of intentional assault and sentencing to explore for future judicial practice some of the guiding role, as well as to provide some help to improve some of the flaws in the legislation on.

Research on Judicial Determination and Penalty Measurement of the Crime of Intentional Injury

Abstract

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