The Impact Of Criminal Victim's Fault On Sentencing

To define the definition of the victim's fault reasonable is the prerequisite and basis to research its impact on sentencing. Since the birth of victim logy in the 40's of the 20th century, scholars have understood the victims fault based on the "Interaction" basis, think that have inevitable causality with the occurrence of criminal behavior, and the non-interactive type victim's fault that without interaction with the criminal acts but have causal relationship with the crime result is not included in the study perspective, which directly led to the deficiency on the non-interactive victims fault research.In the field of criminal law, on the theory basis of the interactive victim's fault, the theory of shared responsibility and culpability are in the debate , the former based on the "interaction theory", which think the criminal victim triggered the crime, the infringement that the victim suffered objective caused because of his own fault partially, therefore he should take responsibility for his own fault; while the latter believe that the victim's fault affect the "control ability"of the criminal, hence its condemnation of the subjective can greatly reduced, more and more scholars support this theory. The theory bases that affect the punishment of criminal of the non-interactive victim's fault are"unworthy protection of victim's legal interests"and "self-responsibility" theory.The impacts of victim's fault on sentencing can not be generalized, different degree of fault and different nature and so on determine the different impact of the of the victim's fault on sentencing. The victim's fault not only as a lighter or mitigated punishment reasons for criminal, but also can be the boundaries of crime or non-crime.Currently, the criminal victim's fault that as an important sentencing influence that affect the criminal liability, there has not been appropriate status match its importance in our criminal law. In judicial practice, the victim's fault as a discretionary plot of sentencing is difficult to play its proper role by various factors, this will inevitably bring injustice to the criminal on punishment, for the purpose exact sentence and human rights protection to the criminal, this injustice must be changed, the necessary options is the victim's fault impacts on sentencing should Expressly stipulated in our criminal law.