On The Influence Of The Victim’s Fault To Criminal Responsibility In Justifiable Defense

Justifiable defense is not only for our country but also the general provisions of theCriminal Code of the countries in the world to exclude the subject of the criminal.Ourcriminal law on justifiable defense not only provides unlawful infringement which meansthe victim’s fault behavior due to the victim’s fault, but also provides serious violations ofpersonal safety violent crimes which cause deaths and injuries of victims of seriousconsequences.Both of them are not the subject to condemnation of the criminal law.Thereare few cases of justifiable defense at present judicial practice,but always controversial.Therefore,analysis of the different kinds of criminal responsibility in justifiable defense isparticularly important.First of all,this article analyzes the victim’s fault theory and justifiable defensetheory.Secondly,this article analyzes the impact of conviction,sentencing in the thedifferent types of self-defense on the basis of the variety situations of the victim’s fault,then condemnation of the specific cases.Finally, summarizing the influence of the victim’sfault to criminal responsibility in justifiable defense through conviction, sentencing twoaspects.