The Analysis Of The Influence Of The Victim's Fault On The Defendant's Sentencing From The Case-judging Method

The traditional theory of criminal law generally holds that crime is an infringem ent of the defendant against the society and the State,which is a kind of destruction a nd challenge to the existing social and legal order,such as Beccaria it is considered t hat the harm to society caused by crime is the standard of crime.The traditional crimi nal law theory holds that the crime is based on the two-yuan pattern between the defe ndant and the state.And the victim who is injured by the defendant's criminal behavi or is included in the scope of the object of the crime,that is,the victim in the crimina 1 case belongs to the party who is violated,which does not belong to the main body o f the dualistic mode.In the course of judicial practice,the conviction and sentencing of the accused o ften ignores the influence of the victim on the escalation of the criminal behavior and the enlargement of the result of the damage.Characterize it as the victim the researc h on the subject of the victim's fault in our academic circle is not rich,but most of the m are around the victim's concept protection legislation.The actual situation and so o n the victim's fault affects the defendant's sentencing the related content but rarely m entions.in our country judicial practice the victim not only acts as a passive object o r the person who violates the role also may be a positive subject namely the victim an d the defendant may have some kind of positive interaction According to the research results of the victim's fault theory,it is shown that there is a considerable number of criminal cases in our country and the increase of the result of damage is the interactio n between the victim and the defendant.Results this kind of interactive relationship i s more obvious in the cases of retaliation and provocation of some fraudulent cases.In order to study the influence of the victim's fault on the defendant's sentencing and further standardize the exercise of the judge's discretion.in the judicial practice so as to unify the sentencing in the case of the victim's fault and promote the judicial justice from the judge in the case of Yu Huan,further probe into the classification of the establishment elements of victim's The influence way of the defendant's sentencin g can find out the application of the victim's fault in the judicial practice there exists the ignorance of the legal stipulation to the victim's fault and the unbalanced sentenci ng of the victim's fault,and puts forward some suggestions on perfecting the discretio nary mechanism of the victim's fault.Taking full account of the victim's fault circum stances and the unity of sentencing in the victim's fault cases.