Research On Some Problems Of The Fault Of Criminal Victims

Criminal victim is gradually recognized globally with the development of criminal victim learning and criminal law. However, criminal cases happen frequently in China these years. The criminal victims’ fault is a key point in a criminal case. It is impossible to realize the justice, nor to repair the destroyed law-benefit and social relationship should we ignored or downplayed the criminal victims’ fault in criminal relationship. This paper discusses the identification and legalization of criminal victims’ fault to balance the conviction and sentencing as per criminal law.The first part is mainly to give the definition and explain the connotation of criminal victims’ fault. This part also describes the differences among criminal victims’ fault, criminology fault and ethical fault, as well as the importance of the research of criminal victim’s fault in criminal law.The second part elaborates the classification of criminal victims’ fault. This part is mainly focusing on conviction and sentencing as per different standards based on theoretical research and practical requirement.The third part discusses the judicial cognizance of criminal victims’ fault, including the establishment and certification of criminal victims’ fault from the practice point of view. Human being factor and relevance factor are very important to identify the criminal victims’ fault.The fourth part discusses how the criminal victims’ fault influence the criminal liability. The certification of criminal victims’ fault lie on different standards, which results in different conviction, sentencing and civil compensation.As refer to the applicable situation from extraterritorial criminal law, the fifth part analyzes the identification of criminal victims’ fault in Chinese current criminal law. The paper also discusses the necessity and recommendation of legalization of criminal victims’ fault.