The Survey Of The Victim's Fault

On the basis of the criminal law theory and previous studies the author collects and analyzes systematically about the victims fault in the article. The whole article can be divided into seven chapters besides the part of the introduction.The first part is an overview of the victim fault which is analyzed separately from the definition, the characteristics of the victim type, the concept of the victims fault, characteristics and types of basic conceptual problems. First of all, the first part of the article with a great length discusses the victim and the victims fault on a series of basic conceptual problems. Firstly, on the basis of the existing viewpoint, the victim is defined as:the victim is a criminal offense against the object directly; the extension range includes natural persons, legal organizations, countries, some abstract social system. Secondly, the main features of the objective victimization are analyzed, and victimization factors derived from the objective levels should be fully identified without the need to investigate the existence of the victim's subjective intent or negligence, as long as the objective factors of crime victims or crime caused substantial effect, in other words, having a real meaning of the penal code. Concerning the types of victims, the author advocates the violation of criminal law based on the different main interests, the victims can be divided into the specific victims and the abstract victims. Specific victims mainly conclude victims of natural persons, organizations and victims and the victims of the state. The abstract victims mainly refer to the seriously damaged social management system or order. And this part also specifically analysis the corporate victims, the State of victims and the abstract victims. Thirdly, on the basis of distinction between the traditional victims fault sense of Criminology and Criminal Law victims fault sense, the concept of victims fault is described as:a criminal act by the victim before, during or after the implementation of the objective of Crime occurred or the degree of seriousness of the crime, had a real impact, with a conviction and sentencing of significant fact. Finally, in this part the author analyzes and trims the characteristics of victims and type of fault.The second part refers to the fault of the legislative status of the victim, in this part; the author reviews the studying history of the victims fault and show the status of the victims fault, in particular, concerning the domestic and international legislation on the status of the victims fault, which is to understand the importance of the victims fault in the Criminal Code, the weak status, and the urgency of research. The third part lists the four examples of victims fault in the case to reflect the application of judicial practice. With vivid specific and real cases which illustrate the great arbitrariness of judicial application without clear standard applicable criteria and directly show the urgency of the problem to research.Part IV and Part V of the article, from the facts respectively theoretically and sufficiently analyzed the basis on which the victims fault impacts the offenders'criminal responsibility.On the basis of the previous theory analysis, Article VI returns to the judicial practice, ard focuses on how to identify the victims fault in judicial practice as well as how to put the distribution of the burden of proof.In the last part of the article, the author tries to build victims fault system in the criminal field.