On The Fault Of Criminal Victim

As a result of the “state-victim” dual structure model in the traditional theory of criminal law,people tend to focus on the offenders,neglecting the role that the victims play in the process of commission of crime.In fact,in many cases,a crime could not be attributable only to the offenders as it usually results from the interactions between the offenders and the victims under certain circumstances.Sometimes the wrong acts of the victims could induce,promote,intensify and cause the emergence or the aggravation of the crime,and the victims should take an indispensable responsibility instead of playing a passive role in this case.The study on the fault of criminal victim is not to blame the victim,but to figure out the facts,and also to assist the judges to make the right decisions based on a comprehensive grasp of information on the cases.It not only helps the “the punishment fits the crime” principle to apply to the judicial practice better,but also reflects the protecting function of human rights under the criminal lawAfter reviewing and introducing researches of domestic and overseas scholars,this article intends to delve into a comprehensive and profound discussion on the problems regarding the fault of criminal victim by referring to relevant analytical statistics in the judicial practice,as well as referencing foreign legislation concerned.This article is divided into four chapters: Chapter One gives a brief introduction of the victims and the fault of criminal victim,defining the fault of criminal victim as a behavior,implemented by the victim due to his subjective intention or negligence,which could arouse the criminal knowledge or cause the intensification of the criminal act of the offender and exert substantial influence on the criminal convictions and sentencing;Chapter Two presents the theoretical basis of the fact that the fault of criminal victim may affect identifying offender's criminal responsibility;Chapter Three narrates the practice of applying the fault of criminal victim in reality and describes its effects in the criminal convictions and sentencing as positive;Chapter Four introduces the existing legislation and the prospects for development of the fault of criminal victim in China,analyses the status quoin of related legal system and finally proposes some prospective legislative advice.