Research On The Victim’s Fault In Criminal Cases

In the traditional theory of criminal law,crime is regarded as an isolated individual’s struggle against the ruling class.Based on this understanding,the theoretical system of criminal law is based on the two mode of "criminal state",and the victim is only the object of the crime,which is seldom concerned by the scholars of criminal law.Until twentieth Century six,in 70 s,the rise of the victim’s rights movement,the victims began to enter the field of scholars in criminal law,the study of the victim’s fault has begun to rise.Our country is affected by the traditional concept,and the criminal as the center of the crime,the victim’s role in the crime has not been paid enough attention.In recent years,with the increasing cases of the victim’s fault,the fault of the victim to the criminal responsibility of the crime influence is gradually accepted by everybody,but because of the lack of theoretical research is not mature and related legal cause of the victim’s fault has a variety of problems existing in the application.Such as the connotation of the victim’s fault,the establishment of the elements of the victim’s fault,the victim’s fault and the victim’s fault on the conviction and sentencing on the controversial.This paper from the aspects of the definition of the victim and the fault,discusses the fault of the victim,the victim refers to the implementation of subjective intent or negligence based,can cause and push the offender to commit a crime,and finally implemented in criminal behavior led to improper behavior of self body damage to the interests of the criminal law is not given the qualitative evaluation on the improper behavior.The establishment of the victim’s fault to meet the needs of the subjective and objective aspects,causation and fault degree requirements in four aspects;then further analyzes the theoretical basis of the fault of victim impact of criminal responsibility,the main responsibility and condemned the reduced two theories,they provide a legitimate basis for criminal responsibility of criminal victims fault influencing.Further analysis of the specific influence of the victim fault on conviction is mainly embodied in two aspects of justifiable defense and traffic accident crime,the influence of the victim fault on sentencing are analyzed from three aspects have the victim’s fault provocation or stimulation,promote and induce crime behavior;finally,the author applies the present situation in our country from the fault of the victim and put forward the victim’s fault in our legislation,sentencing and crime respectively from two aspects,and puts forward some legislative suggestion.