Research On Sentencing Of Victim's Fault In Extortion

When hen the vast majority of crimes occur,people tend to put their hopes in the public authority of the state,so that the perpetrators should be punished as soon as possible,so that in the criminal discipline system,“crime centrism” is in an absolute dominant position,the victims of crime is ignored.It seems inevitable to be killed,but the occurrence of some crimes and the victims have a thousand ties,that is,the so-called victim fault problem.Among these crimes,the victim and the offender interact with each other.Sometimes the victim's fault plays a greater role than the perpetrator's harm.Sometimes the victim's fault even plays a decisive role in the development of the crime.In our country,the fault of the victim is regarded as the problem caused by the circumstances of sentencing.In the process of criminal law research,more and more aware of the role of the victim's fault.Therefore,it is of great significance to study the impact of the victim's fault on the conviction and sentencing of the perpetrator in order to crack down on crimes and protect human rights.The crime of extortion is a kind of common crime of violating property in judicial practice.Many extortion cases occur because the victim has committed a fault behavior.In extortion cases,there is obvious interaction between the actor and the victim.From the perspective of the crime of racketeering,this paper collected 107 cases of racketeering,fully analyzed and studied the impact of the victim's fault on the sentencing of the perpetrator,so as to put forward some Suggestions for improving the victim's fault cases.This paper is divided into four parts,about 40,000 words,the main content is:The first part is the victim's fault in the extortion case affects the sentencing practice.This part is the victim of collected fault extortion case,summed up the victim fault extortion case court ruled that the victim's fault and not as the victim fault type,fault impact the victim sentencing circumstances,at the same time points out the characteristics of fault for the victim,chaos in the judicial practice of the plight and reason.The second part is the definition of the victim's fault in the extortion case.This part firstly discusses the general theory of the victim's fault,including the meaning of the victim,the meaning and classification of the victim's fault.Then closely around the analysis of extortion crime of the victim and the victim of the rap fault.This paper puts forward two levels of victims in the crime of extortion: natural person and unit.This paper classifies the victim's fault,the forms of the victim's fault in the crime of extortion,and puts forward the evaluation of the victim's "fear".Secondly,it points out the relationship between the victim's fault and patriarchy in criminal law.The standard of identification consists of four aspects: the victim has committed the fault behavior,the victim is based on the intentional or negligence psychology,the victim's fault must reach a certain level,and there is a causal relationship between the behavior of extortion and the victim's fault.The third part is the theoretical basis and analysis of the influence of the victim's fault on the sentencing in the crime of extortion.Different from the previous theoretical basis that the victim's fault affects the sentencing of the doer,such as the theory of Shared responsibility and self-responsibility,this paper elaborates that the victim's fault affects the sentencing of the crime of extortion from the perspective of the theory of rights.The meaning of right and how it affects the sentencing of the perpetrator in the case of extortion.The fourth part is the victim's fault in the extortion case affects the standard way of sentencing.This paper puts forward some Suggestions on the sentencing of the victim's fault racketeering case,and points out that the determination of the victim's fault affects the sentencing process and requires clear guiding ideology and principles.