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近来,接连听到记者在采访中人身被打,采访器材被毁坏的事件。我们在对此感到痛心的同时,不断思考一个十分现实的问题:记者在舆论监督中的人身权如何保护? 记者被打,伤害记者的人触犯的是刑法哪一条款呢?这是值得研究的。刑法第二百三十四条:“故意伤害他人身体的,处三年以下有期徒刑、拘役或者管制。”“犯前款罪,致人重伤的,处三年以上十年以下有期徒刑;致人死亡或者以特别残忍手段致人重伤造成严重残疾的,处十年以上有期徒刑、无期徒刑或者死刑。本法另有规定的,依照规定。”这是对故意伤害罪的规
Recently, one after another heard reporters interviewed in the body beaten, interview equipment was destroyed incident. While we are deeply saddened by this, we constantly ponder over a very real question: How does the protection of the personal rights of journalists under the supervision of the media? Which one of the provisions of the criminal law are offended by journalists who have beaten or journalists? This is worth studying. Article 234 of the Criminal Law: “Anyone who willfully injures another’s body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.” “Whoever commits the crime of causing or committing a serious injury as described in the preceding paragraph shall be sentenced to not less than three years and not more than 10 years of imprisonment. If a person is severely handicapped or severely disabled by a particularly cruel means, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death sentence as otherwise provided in this Law. ”This is a regulation of intentional assault