On The Influence Of Victim Fault On Conviction And Sentencing

In the 1980 s,Chinese scholars gradually began to pay attention to modern victim studies.With more and more researchers,the research on the interactive relationship between victims and offenders continued to deepen,and modern victim studies began to flourish.The traditional concept of criminal law has had a certain impact,studying the fault of the victim,reducing the fault of the victim,having a great impact on the prevention of crime,reducing the harm of criminal infringement,the criminal legal relationship,the attribution of criminal responsibility and the reconstruction of the human rights protection concept in the criminal law field.Inspiring meaning.To this end,it is necessary to increase the awareness of the members of the society about the faults of the victims,enhance the discrimination,immunity,and resistance to crimes and establish a responsibility mechanism for the victims’ faults.The study on the crime of rape as a traditional criminal law focuses on the subjects,objects,subjective elements,and objective elements of crimes.The Chinese scholars have not addressed this kind of crimes that are slow and violent with women as targets.The victims have paid too much attention to their mistakes.After analyzing the faults of the victims,the author tried to combine the knowledge of criminal law and criminology and tried to find the law of victim’s fault in numerous rape cases.China’s criminal law does not stipulate the victim’s fault as a statutory sentencing scenario.However,in the judicial interpretation of the Supreme People’s Court “Guiding Opinions of the People’s Court on Sentencing”,it stipulates that the victim’s fault affects the sentencing and the ultimate specific to two clear points.In order to achieve the purpose of limiting the judge’s discretion.If the victim’s fault is serious,the perpetrator shall be given a lighter or mitigated punishment.If the victim’s fault is normal,the perpetrator may be given a lighter or mitigated punishment.China is currently a criminal model of "criminal-state",but there are many problems in the judicial practice.Therefore,the author hopes to explore the triad structure model of "criminal-victim-state" criminal law through this article.Practical significance in theory and practice.