Research On The Victim’s Fault In The Criminal Law

Since the criminal law legislation in our country does not provide for the fault of the victim,the difference in the scale of the sentence in the case of the victim’s faulty plot is very different.This paper first defines the concept extension of the victim’s fault,and specifically analyzes the impact of the victim’s fault on criminal responsibility.The full text has five parts:The first part is an overview of the victim’s fault,a detailed interpretation of the definition of “victim’s fault”,a classification of the victim’s fault,a discussion of the victim’s fault-related concepts,and a discussion of the meaning of the victim’s fault theory.The second part is the investigation of the status quo of the victim’s fault,including the foreign investigation of the victim’s fault and the domestic investigation of the victim’s fault.It summarizes the criminal legislation of the victim’s fault in other countries,absorbs the international advanced legislative experience,and summarizes the normative nature of the victim’s fault in China.The document recognizes the current state of legislation regarding the fault of the victim in China at this stage.The third part is the conditions for the establishment of the victim’s fault,including the formal elements and the essential elements.The fourth part is the victim’s fault as the theoretical basis for relieving criminal responsibility,including philosophical basis,jurisprudence basis and criminal law basis.To improve the victim’s fault criminal legislation,we must first analyze the constituent elements of the victim’s fault first,and then from the philosophical level.The theory of interaction,the level of jurisprudence,and the theory of criminal law demonstrate that the fault of the victim should be the basis for alleviating the cause of criminal responsibility.The fifth part is the perfection of the criminal law for the victim’s fault.The author gives specific suggestions from the legislative and judicial levels,and establishes the function and status of the victim’s fault in the criminal law system in order to prevent the abuse of the victim’s theory.