The Victim’s Fault: A Perspective Of The Criminal Composition System

When we review the the infringed progress, we may conclude that the victim is always placed an important position. In fact, he is not a man who likes a helps lamb which can not do anything for himself in the infringed progress. The core of the victim’s fault is the influence to the illegality. Taking the concept of the victim’s fault as the first point, the victim is defined as the the person who retains the legal interests, and then expand the correlation analysis of the victim’s fault. As for the criminal meaning of the victim’s fault, at present,there are mainly three opinions:firstly, the fault causes the victim to share responsibility; secondly, the fault have certain relationship with the criminal (that is the fault of the behavior of victims need to reach a certain level); lastly, the fault plays a substantial impact on the consequence.The countries of the common law and the civil law have have been put the fault of the victim’s fault to legislation in the criminal law, and in the scope of the theories, different professors have different views on the victim’s fault. Firstly, in terms of conformity of constitutive elements, the victim’s fault as an exceptional circumstances may lead to breaking the relationship between the conduct and the result. Secondly, in the judgment of the illegality, we may negate the illegality of the behavior if considering the self-determination of the victim At last, the anticipated possibility may affect the responsibility directly..At first, the author mainly discuss the legislation provisions about the influence of the victim’s fault on giving penalty in Chinese criminal laws, and then makes research on several typical crimes, such as crimes of causing a traffic accident, injuring others intentionally, fraud, raping, etc. in the current theoretical framework, and points out the shortcomings about the issue. At last, the author analyzes the necessity of introducing the definition of victim’s fault in our criminal law, and puts forward a few pieces of legislative advice.