The right to life and health is a kind of personality right, which is divided into life right and health right. Among them, the right to life is the premise of citizens' existence as human beings and sovereignty as rights, and it is also the basis for citizens to exercise other civil rights.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
1, gang up to hit people and hurt others;
2. Beating or injuring disabled people, pregnant women, people under the age of 14 or people over 60;
3. Beating or injuring others for many times or beating or injuring many people at one time.
Elements of the crime of intentional injury:
1, object element. The object of this crime is the body right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues. We should follow the principle of fairness and reasonably determine the rights and obligations of all parties.
2. objective factors. This crime is objectively manifested as an act of illegally damaging others' bodies;
(1), there must be behaviors that harm others' health. There are two ways to endanger the health of others: positive inaction and negative inaction. The former is like punching and kicking, cutting and shooting with a knife, beating stones with sticks, boiling water and scalding. The latter, such as the nanny who is responsible for protecting young children, is irresponsible. Seeing a child stabbing himself with a knife, he still ignores it, and as a result, the child will stab himself blind, which can constitute this crime. It can be carried out by oneself, by minors, mental patients and other people, and by domestic animals such as poisonous snakes and German shepherd dogs. It can not only damage the appearance of the human body, but also damage the internal tissues and organs and hinder its normal functional activities. In short, whether it is directly or indirectly carried out by myself, no matter what part it is aimed at and what way it is taken, as long as it can intentionally cause personal health harm to others, it can constitute this crime;
(2) It must be illegal to harm others' health. If a certain injury behavior is permitted by law, it cannot constitute intentional injury, such as self-defense causing unnecessary injury, and doctors amputating patients to treat diseases. Whether the injury agreed by the victim is legal or not should be analyzed in detail. If the victim's consent is to achieve the purpose of endangering society, this consent cannot rule out the illegality of the injury; If this consent is for the benefit of society, the illegality of others' injury behavior can be ruled out. The legitimacy of the injury behavior that occurred on the fierce antagonistic sports day should also be analyzed in detail. If this kind of injury itself is allowed by the rules of sports, this kind of injury can generally not be considered as an illegal act in criminal law. For example, in a football match, the action that causes injury according to the "reasonable collision rules" is generally not considered as the crime of injury: if the action in the game is rude and obviously violates the requirements of the rules, it should also be punished as the crime of intentional injury;
(3), damage to the body of others must cause a certain degree of personal injury to others, in order to constitute this crime. If it is just general punching, kicking, pulling and tearing, and there is no harmful result, it cannot be punished as this crime. The results of injury can be varied, some of which destroy the integrity of other people's organizations, such as biting off the nose and cutting off hands and feet; Some damage the normal functions of other organs, such as hearing, vision, taste loss, mental disorders and so on. But in terms of the severity of the result, there are three forms, namely, minor injury, serious injury or death. If there is no injury above minor injury, and it does not reach the injury level or reach the level, it is a minor injury and cannot be punished as this crime;
3. Main elements. The subject of this crime is the general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Among them, natural persons who have reached the age of 14 weeks to 16 years shall bear the criminal responsibility of intentional injury causing serious injury or death.
4. Subjective factors. Subjectively, this crime is intentional. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen. In general, the actor may not have a clear understanding and pursuit of the extent to which his injury behavior can cause harm to the victim in advance. No matter how much the result is, it is within subjective intention. Therefore, it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury still has the problem of attempted crime. However, if the intention of serious injury is obvious, such as an attempt to severely disfigure, and the behavior that has been carried out fails due to reasons other than will, even if no actual injury is caused, it should be convicted and sentenced for the crime of intentional serious injury (attempted).
To sum up, life equality should follow the principle of fairness and reasonably determine the rights and obligations of all parties.
Legal basis:
Article 110 of the Civil Code of People's Republic of China (PRC)
Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 104 Natural persons have the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe upon the health rights of others.