The Research Of The Traffic Crime Standards Under The Vision Of The Victim’s Fault

In China’s traditional theory of criminal law, both in theoretical and practical fields, we tends to examine the criminal process from the perspective of the offender, and the offender only. However, with the rapid development of a branch of criminology, the victimology, and with the high voice of "rediscover the victim", focus of criminal law at home and abroad has now changed:people are gradually transforming from the old mono-dimensional view of "offender crime" to the new duo-dimensional view of "victim-offender" crime. Facts have proved that the import of victim’s analysis into the study of criminal law is acting a irreplaceable role for optimizing the constitution of crime and improving the appropriateness of offender’s sentence, which also accord with equality principe for both offender and victim.Negligence of victims often occurs in traffic crimes. In transportation activities, due to the coexistence of risk and usefulness of the traffic, both the two sides should bear the prudence duty. Meanwhile, as a typical criminal negligence, traffic crime has its particularity in constitution of crime. There has been a consensus that victim’s fault in the traffic crime would influence sentence. This article will focus on the impact of victims’s fault on the traffic crime sentence standards, in combination with the nature of the fault in the traffic crime. In different situations of old theory and the new theory, the positioning and distribution of negligence are normally very variable. And when estimating the impact of victim’s fault on criminal negligence, people usually take consideration of the factors of causes and effets, which influence the standard of determining the relation of causes and effects. These discussions of victim’s fault are the key to understand its impact in the traffic crimes.In theoretical field, there has not been a consensus of how victim’s fault impacts the sentence of traffic crime. In our opinion, it conforms to criminal law if we analyze from the perspective of crime constitution and discute the influence mechanism of victim’s fault in various elements. It involves in the crime constitution that the relations of cause and effects as well as its influence from the evade of duty. These theories are constructed on the base of faith principle. We think it’s the scientific basis of determining the criminal responsibilities to discuss the crime constitution under the premise of victim’s fault.Thus, in traffic crime with the presence of victims, the offender should be demanded and limited for the victim’s fault. If the victim’s fault may obstruct the determination of traffic crime, the offender shall not take the traffic crime.In this article which is based on the general theory of the victim’s fault, on the combination of traffic accident crime characteristics, we will discuss the impact of victim’s fault on the determination standard with the objectif of making this standard more normative and rational.