I. Criminal Law provisions

Article 234 Whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph, thereby causing serious injury to another person, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; If he causes death to another person or causes serious injury to another person by especially cruel means, resulting in serious disability, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.

2. Concept and constitutive elements

Intentional injury refers to the act of intentionally harming another person's body.

(1) Object elements

The object of this crime is the body right of others, the so-called body right refers to the personality right of natural persons to maintain the integrity of their limbs, organs and other tissues.

It should be noted that this crime infringes on the physical rights of others, so intentionally harming one's own body is generally not considered a crime. Only when the act of self-injury is to harm the social interests and violate the relevant criminal law norms, it can constitute a crime. For example, a soldier who injures himself in wartime in order to avoid fulfilling his military obligations shall be investigated for criminal responsibility in accordance with Article 434 of this Law.

(2) Objective conditions

The objective aspect of this crime is to carry out an act of illegally harming the body of another person.

1, to harm the physical behavior of others

Acts that harm the body of others can be either positive or negative by inaction. The former such as punching and kicking, knife and shooting, stick and stone smashing, fire and water hot; The latter, if the nanny who has the responsibility to protect children is irresponsible, sees that the child takes a knife to the body and still doesn't care, and the result is that the child stabs his eyes blind, it can constitute the crime. It can be carried out by oneself, it can be carried out by others such as minors and mental patients, and it can also be carried out by domesticated animals such as poisonous snakes and Wolf dogs. It can be aimed at the appearance of the human body, causing the destruction of external tissues or appearance, and can be aimed at the interior of the human body, causing the destruction of internal tissues and organs, hindering its normal functional activities. In short, whether it is directly carried out by myself or indirectly carried out, or whether it is targeted at what part and in what way, as long as it is intentional and can cause personal health injury to others, it can constitute this crime.

(2) The act of harming another person's body must be carried out illegally

If a certain act of causing injury is allowed by law, it cannot constitute intentional injury, such as the injury caused by self-defense and not excessive, the doctor amputated the patient and so on. With the consent of the victim, whether the injury is legal, to do specific analysis. If the victim's consent is to achieve the purpose of harming society, such consent cannot exclude the illegality of the injurious act; If such consent is intended to benefit society, it precludes the illegality of the injurious acts of others. It is also necessary to make a concrete analysis on the legality of the injurious behavior in the intense antagonistic sports. If the injury itself is permitted by the rules of the sport, such injury generally cannot be considered illegal under criminal law. For example, in football matches, the action that causes injury according to the "reasonable charging rule" is generally not considered to be a crime of injury: if the action in the game is rude, obviously violates the requirements of the rules, and has the intention to harm the body of others, it should also be punished as a crime of intentional injury.

(3) The act of harming the body of others must have caused a certain degree of damage to the person of others in order to constitute this crime

Just general punching, kicking, pushing, pulling and tearing, will not cause injury results, can not be punished with this crime. The results of injury can be varied, some destroying the integrity of the other person's tissues, such as biting off the nose, cutting off the hands and feet; Some damage the normal function of other people's organs, such as hearing, vision, taste loss, mental disorders. But in terms of the severity of the outcome, there are three forms, namely, minor injury, serious injury or death. If there is no injury above a minor injury, if it does not reach the level of injury or if it does reach the level of injury but it is a minor injury, it cannot be punished by this offence.

The so-called minor injury refers to the physical, chemical, biological and other external factors acting on the human body, causing a certain degree of damage or partial dysfunction of tissue and organ structure, which has not yet constituted serious injury and is not a minor injury. The identification should be based on the primary damage caused directly by external factors to the human body and its consequences, including the injury condition at the time of the injury, the complications and sequelae caused by the injury and so on.

The so-called serious injury refers to a person's physical disability or deface, loss of hearing, vision or other organ functions, and other injuries that have significant damage to personal health.

(3) main elements

The subject of this crime is the general subject. Any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can naturally constitute this crime, of which a natural person who has reached the age of 16 at the end of 14 weeks and intentionally causes serious injury or death shall bear criminal responsibility.

(4) Subjective requirements

This crime is intentional in the subjective aspect. That is, the perpetrator knows that his behavior will cause harm to the health of others, and wants or allows this result to happen. Under normal circumstances, the perpetrator may not have a clear understanding and pursuit of the degree of harm to the victim caused by his own hurtful behavior in advance. No matter what degree of result is caused, it is within its subjective intention, so it is generally possible to determine whether it is intentional light injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury also has the problem of attempted crime. However, if the intention to cause serious injury is very clear, such as an attempt to cause serious disfigurement, and the act has been initiated, and fails due to reasons other than the will, even if no actual harm is caused, the crime of intentional serious injury (attempted) should be convicted and sentenced.

In the case of intentional injury resulting in death, the perpetrator subjectively has mixed forms of guilt, that is, both intentional injury and negligence causing death, which is the main symbol of distinguishing intentional injury resulting in death from intentional homicide and intentional injury resulting in death from negligence.

3. Identification of charges

(1) The boundary between this crime and non-crime

1. Boundary between intentional injury and general assault

The boundary between intentional injury crime and non-crime should focus on the boundary between intentional injury and general assault. Intentional injury refers to the behavior of harming the health of others, which is manifested in two situations, one is the destruction of the integrity of human tissues, and the other is the damage to the function of human organs. The general beating behavior usually only causes temporary pain or nerve irritation, and does not harm the health of the human body. Of course, beating behavior does not harm the health of the human body is not absolute, but can only be relatively speaking. For example, punching someone in the nose can result in a black eye. If you tear it by hand, it can cause epidermal damage. However, this kind of behavior is not a crime, can not be punished with intentional injury, and can only be punished in accordance with the regulations on public security administration and punishment.

It should be noted that sometimes there is no difference between the physical form and the consequences of assault and assault. For example, punching and kicking, sometimes only cause minor pain or a little epidermal damage, subcutaneous bleeding, and sometimes can cause injury or even death. So, in this case, how to identify the nature of the actor's behavior? Can not only take the consequences as the standard, it can not simply think that the result of causing injury to the body or even death of others is the crime of intentional injury, and did not cause injury is the general assault. It should be in line with the circumstances of the whole case, and investigate the subjective and objective factors, to see whether the perpetrator has the intention to hurt others, whether it is intended to hurt others, or only out of the general intention of beating and accidental injury or death. In judicial practice, we should pay special attention to the fact that we can not identify any act that causes consequences of a punch or a kick as intentional injury.

2, the distinction between light injury and minor injury standards

To distinguish the boundary between crime and non-crime in the crime of intentional injury, we should also pay attention to the boundary between light injury and slight injury. The constitution of the crime of intentional injury, except the form of attempted injury, must be based on the premise of causing injury to the victim. The provisions of this article on the crime of intentional injury only specify a situation of "serious injury" in paragraph 2, paragraph 1 actually refers to the situation of intentional injury causing minor injury, some people believe that the degree of injury does not meet the serious injury standard stipulated in Article 95 of this Law is minor injury; An injury that does not cause serious injury is intentional injury that causes minor injury, which is not correct. Because the damage to the human body in addition to heavy injury, but also includes light injury and minor injury two cases. The injury in the crime of intentional injury does not include minor injury, under the general situation, whether the injury caused to the victim is minor injury or minor injury determines whether the person should be investigated for criminal responsibility and whether it should be identified as the crime of intentional injury. Therefore, it is of great significance to distinguish between minor injury and minor injury. The distinction between minor injury and minor injury should be based on the following principles: any injury accompanied by mild organ dysfunction, no risk to life at the time of injury or during treatment, or only a slight reduction in working ability after treatment, are minor injuries; All the damage only causes the body temporary and slight reaction, basically does not affect the function of the organ, generally can repair itself, it is a minor injury (skin abrasion, peeling, a small range of subcutaneous hematoma and some very slight fractures, etc.), light injury and minor injury one of the main signs of the difference is to see whether it can be repaired by the line. Generally speaking, minor injuries do not require specialized surgical treatment, the body can recover through its own compensatory function, or simple medical means and care can make the injury heal quickly. Minor injuries usually require specialized treatment and sometimes special care. Otherwise, the injury may worsen, become infected, or cause other serious complications and sequelae.

(2) The boundary between this crime and the crime of intentional homicide

The crime of intentional injury infringes on the body right of others, while the crime of intentional homicide is generally easier to distinguish and infringes on the life right of others. However, the distinction is more difficult in the following two cases: one is intentional injury resulting in death and intentional homicide accomplished. Both subjectively are intentional crimes, and both objectively result in the death of the victim. The second is intentional injury and attempted murder. Both of them are also intentional crimes subjectively, but neither of them resulted in the death of the victim objectively.

The key to distinguish the crime of intentional homicide from the crime of intentional injury lies in the difference of the intentional content of the two crimes. The intentional content of the crime of intentional homicide is to deprive the life of others, hoping or allowing the result of the death of others to occur, while the intentional content of the crime of intentional injury is only to harm the body of others, but not to deprive the life of others. Even if the injury behavior objectively causes the death of the victim, it is often caused by the deviation of the direction of the blow due to unexpected reasons at the time of the behavior, or caused by excessive injuries. The perpetrator neither wishes nor allows the consequences of this death, and it is entirely negligent. Therefore, death by intentional injury cannot be equated with intentional homicide. Likewise, attempted homicide should not be confused with intentional injury. In the case of attempted murder, the failure to kill a person is not because the perpetrator is subjectively unwilling to act, but because he is unable to act for reasons other than his will. The fact that the victim didn't die was unexpected and against his will. In the case of intentional injury, the victim does not die, which is completely expected by the perpetrator.

The subjective and intentional content of the criminal can not be judged by confession alone or by a certain fact, but should be comprehensively analyzed on the basis of investigation and research. According to the cause of the crime, the development process of the behavior, the means of the crime, the part of the attack, the intensity of the attack, the circumstances of the attack, the time, place, the environment, the normal relationship between the criminal and the victim, the cause of death or not death, the consistent performance of the criminal and the attitude after the crime, etc., the comprehensive analysis and judgment are made. For those violations of personal rights that are lawless, aggressive, reckless and reckless, although there is often no interest between the criminal and the victim, and the criminal has no clear motive and date of killing, the perpetrator is indifferent to the possible consequences of the act when committing the murder. Therefore, the nature of the hazardous act should be determined according to the nature of the actual damage objectively caused by the act. If it causes death, it constitutes the crime of indirect intentional homicide. If someone harms another person's body, it constitutes intentional injury.

The key to distinguish between intentional injury resulting in death and intentional murder, intentional injury and attempted murder, is to find out the content of the perpetrator's intention. If the perpetrator knew that his conduct would result in death, and wished or allowed that result to occur, even if it did not result in death, he shall be guilty of manslaughter. A person who causes death unexpectedly shall be guilty of intentional injury. The problem of intentional content belongs to the category of subjective thinking consciousness. Subjective consciousness dominates and restricts objective behavior; Objective behavior reflects subjective consciousness and tests subjective consciousness. Therefore, in order to correctly determine the specific content of intention, we must comprehensively synthesize and analyze various facts of the case. One cannot draw conclusions simply from one fact.

(3) The boundary between intentional injury resulting in death and negligent death

Both of them objectively caused the death of the victim and subjectively negligently caused the death. The key to distinguish is whether the perpetrator intentionally harmed the victim subjectively. In the case of negligent death, the perpetrator has neither the intention of killing nor the intention of injuring. Intentional injury resulting in death obviously presupposes intentional injury. The death result caused by negligence is an aggravating circumstance of the crime of intentional injury. This tells us that we cannot consider all cases of "intentional" assault resulting in death as intentional injury. Beating is not equal to injury, the "intentional" in general life is not equal to the intentional in criminal law, if the perpetrator only has the intention of general beating, and no intentional injury, for some reason or condition to cause the death result, it can not be identified as intentional injury to death: if the perpetrator subjectively has negligence in the death result, it should be identified as the crime of negligent death. Therefore, in order to distinguish between intentional injury and negligent death, we must clarify the meaning of "injury" and "intentional" in criminal law.

Fourth, the general arrangement of criminal law norms

1. Interpretation of the Supreme People's Court on Several Issues concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents [Legal Interpretation [2000] No. 33](Adopted on November 10, 2000, and effective on November 21, 2000)

In order to punish traffic crimes according to law, in accordance with the relevant provisions of the criminal Law, a number of issues concerning the specific application of law in the trial of traffic crimes are explained as follows:

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Article 6 Where a perpetrator, in order to escape legal investigation after a traffic accident, takes the victim away from the scene of the accident and hides or abandons him, resulting in death or serious disability of the victim who cannot be helped, he shall be convicted and punished for the crime of intentional homicide or intentional injury in accordance with the provisions of Article 232 and paragraph 2 of Article 234 of the Criminal Law respectively.

2. Interpretation of the Supreme People's Court on Several Issues concerning the Specific Application of Law in the Trial of Cases of Refusal to Enforce Judgments and rulings [Legal Interpretation [1998] No. 6](Adopted on April 8, 1998, and effective on April 25, 1998)

In order to correctly apply the provisions of Article 313 of the Criminal Law and ensure the execution of the judgments and rulings of the people's courts, several issues concerning the specific application of the law in the trial of cases of refusal to execute judgments and rulings are explained as follows:

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Article 6 Violent resistance to the people's courts