故意伤害罪的改革设想

Reforming Assumption About Intentional Injury

由于刑法上只有伤害故意,并不将行为人的主观故意细分为轻微伤害、轻伤害、重伤害等若干等级,使得故意伤害罪的判决个别出现合法而不合情理的现象。针对此,有必要对现行的故意伤害罪进行改革,以便于实务界操作,使定罪更明确、量刑更合理,也使受害人得到更有力的保护。

In the criminal law, there is only intentional injury, and the law does not divide doer＇s subjective intentionality into slight light injury, light injury, serious injury etc. in detail, which makes the court decision of intentional injury legal but irrational. In view of this, it is necessary for us to reform the present intentional injury law so as to facilitate practical operation, thus making crimedeci- sion clearer, crime - measurement more reasonable and victims under more strong protection as well.