Article 234 of the "Criminal Law of the People's Republic of China": Crime of Intentional Injury
Whoever intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or serious injury and severe disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years, life imprisonment or death. If this law provides otherwise, the provisions shall prevail.
Extended information:
The boundary between intentional harm and general harm
The boundary between intentional harm and non-crime should focus on grasping the boundary between intentional harm and general harm.
Intentional injury refers to the behavior that harms the health of others. It mainly manifests itself in two aspects. One is destroying the integrity of human tissue, and the other is damaging the function of human organs. General beatings usually only cause temporary pain or slight nerve stimulation to the human body and will not harm human health.
Of course, it is not absolute that beatings do not harm human health, it can only be relative. For example, punching a person on the nose may cause bruises and swelling; tearing with hands may also cause epidermal damage. However, such behavior does not constitute a crime and cannot be punished as intentional injury. It can only be administratively punished in accordance with the Public Security Management Punishment Regulations.
It should be pointed out that there is sometimes no difference in appearance or consequences between beating others and hurting others. For example, punching and kicking sometimes only cause slight pain or a little superficial damage and subcutaneous bleeding, but sometimes they may cause injury or even death.
We cannot only use the consequences as the standard, and we cannot simply think that the result of causing physical harm or even death is intentional injury, while those that do not cause injury are ordinary beatings.
We should combine the subjective and objective factors of the entire case to see whether the perpetrator had the intention to harm others, the intention to harm others, or whether he accidentally caused casualties out of the intention of general assault.
In judicial practice, special attention should be paid to the fact that any behavior resulting from punching or kicking cannot be deemed as intentional injury.
Baidu Encyclopedia-Intentional Injury
Baidu Encyclopedia-Criminal Law