浅论故意伤害罪的认定标准之修正

On the Revision of the Cognizance Standard of Intentional Injury Crime

毋庸置疑,理论和实践中认为对故意伤害罪保护法益为身体完整性和“轻伤”为定罪依据。然而,揆诸现实,法益内容逐渐精神化以及现实情况变化,故意伤害罪的保护法益亟需增加精神伤害为本罪保护法益之一。故意伤害具有频发性、犯罪成本较低;轻微伤害危害程度不亚于财产类、侵犯名誉类犯罪;国外惩罚故意伤害较为严厉,基于此,轻微伤害理应纳入故意伤害罪。

Undoubtedly, in theory and practice, it is believed that the protection of legal interests for the crime of intentional injury is based on physical integrity and “minor injury”. However, due to the fact that the content of legal interests is gradually spiritualized and the changes in the reality, the protection of legal interests in the crime of intentional injury urgently needs to increase mental injury as one of the protection of legal interests in this crime. Intentional injury is frequent and the crime cost is low. The harm degree of minor injury is no less than that of property and reputation crimes. In foreign countries, the punishment of intentional injury is relatively severe. Based on this, minor injury should be included in the crime of intentional injury.