Light injury appraisal standards should be reflected

Kim Zegang/Text On June 21, the Hebei Provincial Public Security Department notified the latest situation of Tangshan's provocative troubles and violent beatings, such as those who received much attention. On June 20th, the judicial appraisal opinion showed that the victim of the case Wang Moumou and Liu Moumou were minor injuries (secondary), and the degree of damage of Yuanmou and Li was slight injuries.

As soon as the report came out, the entire network was uproar. Public opinion was surprised that the victim was beaten by such cruel violence, and eventually only a "minor injury (secondary)" was obtained in justice.

According to the provisions of the Criminal Law, the injury of the victim is closely related to the conviction of the perpetrators. If the result of the victim is minor injuries, it is not enough to punish criminal punishment, which is only a behavior that violates the punishment of public security management. If the intentional injury is caused by minor injuries, it will be sentenced to imprisonment, detention or control of less than three years. In other words, if the violence is based on its violence, it is difficult to get severe punishment from the people.

Why do people generally feel very serious injuries, only "minor injuries" or "minor injuries" in judicial appraisal? This at least shows that the current standards are inconsistent with the simple emotions of most people.

According to the "Excision Idential Standards for Human Body Injury", the "minor injuries" and "serious injuries" in the judicial sense are the legal concepts planned according to the needs of the law. There is a gap, and the injury judgment given by the hospital is also incomplete concepts and systems. The "minor injury" referred to as the judicial appraisal is divided into first and secondary, the skull depression or crushing fracture, or the rib fracture 6 is the first level of minor injuries; It refers to the disability of human limbs, destroying the appearance, loss of hearing, loss of vision, losing other organs, or other damage to personal health.

It can be seen that the "serious injury" in judicial appraisal can be described as the great thing of sin, and this standard is quite harsh. From the perspective of the surveillance video of the "Tangshan Beat" case, the perpetrators focus on attacking the victim's head and face. Correspondingly, the identification results of minor injuries.

As a result of the degree of injury degree, the results of the conviction are important considerations, and the standard of the degree of human injury is the only basis for injury identification. The case of Tangshan's beating reflects the conflict between the punishment results caused by the injury identification and the psychological expectations of the victim. "The highest state of judicial trial is the integration of reasonable laws." To make violent cases be dealt with fairly, the degree of appraisal standards for human damage must be first fairly reasonable, so as to achieve the unity of legal effects and social effects of judicial referee. Imagine that if the suspect is holding the mentality of "it is difficult to hit the seriously injury anyway, it is difficult to hit the serious injury," will definitely cause everyone to be self -dangerous.

The "Excisible Inspection Standards for Human Body injury" released in 2013 has passed for nearly ten years. We need to try to reflect on the appraisal standards based on judicial practice. With the development of the times, people pay more and more attention to the protection and protection of personal rights. In the provisions of the "Excience of Human Cruckets", the content and standards of minor injuries and serious injuries are worth reviewing. In terms of specific content, infringement of personal rights and interests is often accompanied by serious mental damage and psychological trauma to the victims. Whether this should be uniformly included in the appraisal standards is worth exploring. For example, facial scar 3 -square centimeters of minor injuries secondary damage, psychological trauma or huge and permanent for women, it is difficult to heal for a lifetime. As some scholars pointed out that some of these terms are not rigorous, and the criteria for judging the level of injury are unbalanced. For example, the gap between several situations in the second level of hand injuries is too large, and some are close to the standards of the first level of minor injuries. The appraisal standards should be based on the purpose of achieving crime prevention of punishment and the purpose of suppressing crimes. It is necessary to make adjustments in a timely manner.

On the other hand, in the use of the "Excience of Human Conduct", my country has adopted a strict restriction of judicial appraisal in accordance with the terms of appraisal standards. This specifies the results of injury identification, but it also brings rigid appraisal, and in the judicial trial, the identification of intentional injuries is too simple and mechanical. Seeing some countries outside the territory did not make specific provisions of the rules of the degree of injury, but made principle provisions. The judge comprehensively judged the victim's damage based on the facts of damage. It can be seen that the reasonable use of the appraisal standards and grasping the relationship between judicial appraisal and judicial referees is of great significance.

It should be emphasized that the appraisal of minor injuries in Tangshan case notification has also quickly attracted some public security officers' attention. The public security organs also reiterated the view that "minor injuries are not light, serious injuries are very heavy" and actively participated in the public's lightness. In the science science, it should be said that this is a very meaningful judicial interaction with the public.

Volkswagen's doubts about minor injuries, the anxiety behind this identification conclusion is not heavy enough, and cannot be matched with the atrocities of the violence. However, in the opinion of the author, even if the victim's injury, even if it is rated as a minor injury according to law, the punishment of the perpetrators may not be punished for it. According to media reports, the possibility of the crime of punishment in this case is not small. In addition to the punishment of a felony in accordance with the crime of provoking trouble and intentional injury, the suspect involved a number of old cases. In stepping up investigations. It is believed that justice will be punished based on facts and evidence, and punishment for criminals should be punished.

(The author is a professor of law at Tongji University)

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