Study On Some Issues Of The Fault Of Criminal Victim

As a party of the criminal case, the victim often has a direct interest in the result of thecriminal case’s processing. In fact, two aspects of crime and victimization is a problem, in asense, the occurrence of a number of criminal cases is the result of the role of the offender andthe victim. However, the offender and the victim interaction as a crime, in the traditionalcriminal law, the thickness of the poor, victim’s fault has not been able to pay sufficientattention. Until the1940s, in order to study the role of victim’s in the criminal processoriginator gradually formed victimology, and began to plot the fault of the victim of criminallegislation, the statutory basis for the evaluation of criminal responsibility of the perpetrator.In Western countries, the victim’s fault now mostly has become widely recognized andaccepted by the perpetrator lighter or mitigated punishment legal reasons, the criminal law onthe victim’s fault is the lack of clear provisions of the system, resulting in trial activities judgeon their own understanding, different applicable fault of the victim, causing judicial confusion.Therefore, to explore and study the fault identified by the victim, the victim of fault on thecriminal responsibility of the perpetrator, and the victim fault plot how to implement astatutory body in our country has a very important significance.This paper have four victim’sfault-related issues to explore and research:The first part mainly do a summarized analysis of the victim’s fault, make an analysis ofits meaning, characteristics and the fault identification and other related issues, whileelaborate the meaning of the Criminal Law of the victim’s fault.The second part mainly analysis the system of victim’s fault in the legislation overseas,including some typical civil law countries, such as Germany, Japan, and some typicalcommon law countries and regions, such as the United States and China’s Hong Kong region,and then discusses our country’s criminal law and relevant judicial interpretations on thevictim’s fault and analyze the shortcomings of its existence.The third part mainly make a type analysis of criminal victim’s fault, and focus onanalysis of the the victim’s fault of the impact of the perpetrator of criminal responsibility,including victim’s fault the theoretical basis for criminal liability impact perpetrator, victim’sfault perpetrator conviction impact as well as the victim’s fault of the sentencing of theperpetrator. The fourth part is about the victim’s fault in the future thinking of how to set the PenalCode and provisions, including the victim’s fault plot legal necessity, the general idea, and thespecific path.