Application Of The Fault Of Victim In Sentencing

A large number of cases and data, the fault of victim has become an important factor toinfluence the sentencing, but subject to the traditional theory of criminal law, the crime is onlyconsidered as the offender to the nation and the society, the victim factors were excluded, thefault of victim did not receive enough attention in sentencing, but only as a discretionarysentencing circumstances. Since the last century, began to pay attention to the rights ofvictims in the theory circle, with Criminology field on the in-depth research, many criminaljurists began to crime victims in criminal field value in the function, the fault of victim hasalso entered into the criminal law’s view. The fault of the victim theory is restricted to itsresponsibility and reduce the punitive crime should be a discussion has to solve practicalproblems cannot be effective, should be the fault of the victim theory under the victimdogmatic, discusses the further development of victim fault theory, this change will cause theChinese theory of criminal law reform. So, should be from the traditional concept of thepenalty, only concerned with crime a party to pay more attention to the study of crime,penalty and punishment, to pay attention to the criminal protection and protection of. And therelationship between the offender and the victim is not an absolute right and wrong, is therelationship with the non victim crime, in also is not only the weak, the fault of the victimshall be responsible in them, this responsibility should also be causal relationship to theory,should bear the responsibility, then affects the criminals sentencing. To the victim’s fault insentencing will change and development have become an important issue. This paper tries tostudy the relationship based on the fault of victim and criminal responsibility, make theelementary review of related disputes, and puts forward some suggestions. This paper isdivided into four parts:The first part is a general overview of the fault of the victim theory, based on the concept,the concept of victim’s fault, to lay the foundation for the full text of the definition of criminalresponsibility. This paper briefly introduces the types of the victim fault conditions andbehavior. Essentials of the victims fault mainly introduces four elements and three elements,then puts forward some opinions in this paper from the subjective, objective and causality are illustrated. To distinguish between the different types of the fault of the victim, from the pointof view of this paper mainly, and analyses the meaning of.The second part of the fault of the victim is criminal responsibility theory. This partmainly introduces the theory of rights and the cost and efficiency of foreign criminal lawscholars self responsibility theory, conditions and analysis of the theory of anticipatedpossibility in china. In this part of the fault of the victim theory knowledge, and furtherdemonstrates the effect of the fault of the victim in criminal liability theory, scholars at homeand abroad representative viewpoints put forward their own views.The third part is the fault of victim special provisions in the conviction, although in thispaper discusses the influence of the sentencing of the victim’s fault, but should not be ignoredin the conviction of the current law, this part discussed the possible fault theory, effects in thevictim’s fault to the existing domestic and foreign legal conviction a comprehensivedescription of.The fourth part is the analysis of the legislative situation of the domestic andinternational theory of the influence of the fault of the victim sentencing, points out somedeficiencies of the lag, exists in the reality of our country legislation imperfect theoreticalsystem, supporting the establishment is not perfect and so on, and in the light of theseshortcomings are put forward suggestions.