2023 National Two Sessions，Some CPPCC members have proposed legislative suggestions for minor injuries，believes that "if society wants to move towards civilization，‘Do n’t Shooting’ is the most basic step ”，This suggestion causes a lot of disputes。Combined with the operating mechanism of criminal law and the status quo of the judicial status of our country，Limited to realistic dilemma such as "more people and less cases"，It is difficult to fully realize the idea of ​​minor injury violence.。So，Should find a practical and feasible compromise method，Cases of violent injuries that cause minor injuries to part of the case to investigate criminal liability in accordance with the law。

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Some violence behaviors have not yet caused minor injury results，It already has serious social harm，It will cause serious shadows to the psychological psychology of the victim，May cause social panic。For example，9 am on February 10, 2023，A man in Liuzhou, Guangxi hugs and beats his girlfriend，First punch his girlfriend in the middle of the road for a long time，Then drag my girlfriend to the side of the road and continue to beat，Back with his feet to slam on his girlfriend's head，The whole process lasted more than 20 minutes，The action is very brutal。early March 2023，Yunnan Kunming two men agreed with each other at the entrance of a primary school，One of the men hugs twice in a row and hit the other body key parts such as the other waist，In the end, the result of minor injury caused by did not cause minor injuries，The man was only detained by administrative detention for 10 days。

bet365 live casino games In these two cases，Implementation of violence to beat the victim and the injury action itself is sufficient to cause the victim to be seriously injured or die (there are many cases where the victims are hugged to the ground in judicial practice)，However, it is just a result of no light injury due to accidental reasons，Not punishment or extremely slight punishment is obviously not adaptive to the violence of the actor，belongs to indulgence crimes。other，From a subjective perspective，When the intentional injury of serious injuries or severe disability occurs when the victim's body is seriously injured or severe disability，The subjective viciousness is huge，Even if it does not cause minor injuries, the above results，It should also be sentenced in accordance with legal crimes。

　　Comparison perspective of regulating violence

Compared with only one provision of Chinese criminal law stipulates the crime of intentional injury，Criminal law in some countries or regions is more tightly protected on personal health rights。For example，Article 223、Article 224 respectively stipulates the attempt to punish the crime of intentional injury and the crime of hazardous damage，The British Criminal Law stipulates the crime of atrocities。

Article 208 of the Japanese Criminal Law also stipulates the crime of atrocities，Punishment of "acting at the atrocities and not being injured"，French punishment is punishment of less than 2 years or a fine or detention of 300,000 yen or less than 300,000 yen。According to this regulation，As long as the atrocities are implemented for others，It should constitute a crime，Regardless of whether the actor is harmful and intentional，Whether or not it causes minor injuries and the above results。The so -called atrocities，refers to exerting physical power to others' bodies，No demanding atrocities Bet365 lotto review are enough to cause damage，Both include punching the body of others、foot kick、Pulling and other common behaviors，It also includes use noise to others、current、Strong Light、radiation and other physical power。For example，The big gong and drum used by the band in the ear of the victim、Use a loudspeaker to make a loud voice and other cases such as a loudspeaker，All are identified by the court as a crime of atrocities。Whether a certain noise belongs to the sound violence in the riots，It is mainly based on whether most people can tolerate it in daily life。So，Dialing harassment calls to the victim many times will cause the victim's neurasthenia、Cases of neighbors caused by chronic headache disease due to multiple consecutive days of noise，Also recognized as a crime of atrocities。Converse，If it is not physical forces for the victim，It cannot constitute the crime of atrocities。For example，Through the victims、Insult、hypnosis, etc.，Even if the physiological function of the victim has caused the physical physiological function，It does not constitute the crime of atrocities，But it may constitute the crime of intentional injury。

The "Criminal Law" in Taiwan in my country is more detailed，its chapter 23 specifies the crime of damage，From Article 277 to Article 287，Including intentional minor injuries、Intentional severe injuries、Intentional serious injury attempt、Crime of Evil injury、Direct and direct blood relatives、Crime crime of violence against direct blood relatives、Crime of injury or promised injury、Express or help others suffer self -injury、Sinity on the spot。It is worth mentioning that，Its Article 286 specifically stipulates "bullying crime"，Penalties to abuse or have a good or developed behavior of people under 18 years of age or sufficient to obstruct their physical and mental health，Campus bullying behaviors that bet365 Play online games punish people who are deeply evil can be based on。

　　Violent behaviors with intentional harmTaking criminal liability

Since there is no riking crime in my country's criminal law，So the current violence without any harm，Without a crime such as the crime of provoking trouble，Can't investigate criminal liability。but，Those subjective damage intentional intentions，Including violence with intentional and serious injuries，Even if it has not caused minor injuries, the above results，Criminal responsibility should also be investigated in accordance with the law。

First，From the perspective of legislative intent，my country's Criminal Law does not require that criminal liability for violence must be based on the results of minor injuries caused by behavior。Article 234 of the Criminal Law "In deliberately hurting the body of others，Prisoner in prison for less than three years、Detention or Control ".，It does not require the result of minor injury to be convicted，Instead, as long as the behavior of "deliberately hurting others" should be performed, you should be sentenced to punishment。This provision was modified on the basis of Article 134 of the Criminal Law in 1979，And this entry has undergone changes in "minor injuries" during the formulation process。Article 52 of the "Draft Principles of the Criminal Law Guidance" in 1954 has stipulated that "intentionally hurting others' bodies and causing minor injuries"，It was used by the 22nd draft of the Criminal Law in 1957，Draft 33rd in the Criminal Law Draft in 1963 deleted the expression of "causing minor injuries"，After continuing to this day。It can be seen from the legislative process of "causing minor injuries" before deleting the legislative process of "causing minor injuries"，Legislators do not think that the crime of intentional injury must be based on the results Bet365 lotto review of minor injury and above。

Next，From the perspective of the suspension of crime stop，Article 23 of the Criminal Law in my country In principle, it stipulates to punish all the attempts of intentional crimes，There is no reason to think that the attempted form of the crime of intentional injury cannot be punished。So，Academic circles are generally believed，Attempts to intentional severe injuries should also be investigated for criminal responsibility。For example，Ready to cut off or be severely disabled and cut people with people with severe disability，The police hurriedly escaped the scene because the police arrived，Attempts of the crime of intentional injury (serious injury) should be，It is applicable to the statutory punishment of "imprisonment of imprisonment for 3 years and less than 10 years"，It can only be compared to the gently or reduce the punishment，Do not investigate criminal liability because it does not cause minor injuries.。Even attempts to minor injuries，Theoretically punishment can also be punished。As the street beating on the previous article、Cases of holding others，Although there is no provisions of atrocities in my country's criminal law，But according to Article 234 of the Criminal Law and the suspension of crime, the theory theory，It should be fully investigated in criminal liability in accordance with the law。Dangdang hug the street and hit the behavior of the key parts of the body of others，Objectively is enough to cause others to be seriously injured or even dead，The actor often has serious injuries and intentional，It is known that their behavior may cause victims to be seriously injured and hope or let go of this result。and the violent violence of the street，Serious contempt for social order，Mother subjective malignant，It should be bet365 Play online games held criminally responsible for attempted crimes of intentional injury (serious injuries)，Can't be held accountable for not being investigated because the results of minor injuries are not caused by accident。

Last，From the perspective of system explanation，Theoretically and in practice，Crime of intentional homicide、Abduction crime、Preparatory criminals and attempts for felony such as robbery，All must be investigated for criminal responsibility。The consequences that may be caused by serious injuries and intentional violence，It is often not light than the preparations and attempts of the aforementioned crime，There is no reason to investigate criminal liability。

But，There are often differences in judicial practice and theory。In practice，Any result that does not cause minor injuries，Even if the actor has light or serious injuries，No criminal responsibility is also held;，Even if the actor has serious injuries and intentional，It is only determined to be intentional injury to the intentional injury，It will not be identified as a serious injury at an attempted injury according to law;，As long as the result of serious injury，Even if the actor only has a minor injury and intentionally without serious injuries，It will also be determined as a serious injury to the intentional injury，instead of determining it as a result of intentional minor injuries。

In short，When the public security judicial organs handle the intentional injury case，Sometimes the principle of unified unity of the subjective and objective，but objective crimes，Results that cause indulgence crimes or aggravate punishment。It should be clear for this，Violent behaviors that have harmful intentions have caused the consequences of minor injury or not，All criminal responsibility should be investigated in accordance with the law。Strictly Bet365 lotto review protect personal rights，Severe punishment of all violent crimes，It is a sign of social civilization，It is also the moral and legal obligations that the state should do with citizens。

　(Author is an associate professor at the School of Law of Shanghai Jiaotong University)