An explanation of the sentencing of willful and malicious injury crime based on inference rules

Abstract

In the criminal law of all countries, the crime of willful and malicious injury is a common accusation. The offender must bear the criminal responsibility and be punished by criminal penalty. However, because of the complexity of the circumstances for adjudication, the various kinds of statutory sentence, and the wide extent of the fixed-term imprisonment, the sentencing imbalance can be caused, such as different responsibility for same crime and different punishments for same responsibilities. In this paper, the penalty for the crime of willful and malicious injury is the main object of study, and some rules of sentencing reasoning are put forward to restrict the discretion of judges and to improve the impartiality and enforce-ability of punishment.