On The Influence Of The Victim's Fault On Criminal Responsibility

Crime is not completely a unilaterally criminal behavior,also will exist because of the victim inappropriate behavior intervention.In this case,the victim is no longer a pure innocent victims,but also the active side of crime and criminal.There is no clear rules about the victim fault in the criminal law in our country,only have some fuzzy rules in judicial interpretation.In the judicial practice,due to lack of the theoretical support and referee basis,the judge sometimes don’t give full consideration on the victim of criminal liability fault factors,or sometimes the standard is not unified.Research the victim fault carefully,which is beneficial to improve the accuracy of the criterions for the conviction of the sinner,criteria for criminal cases with the victim’s fault and discretion,and realize judicial justice,judicial authority.The first part is about the problem of the victim fault affect criminal responsibility.In our country,the victim’s fault is not legislation.This part is mainly on the court of first instance and second instance of FuZhou in 2015.We choose 348 intentional injury cases analyzed one by one as a sample,through data intuitively reflect the victim fault in the judicial application.In the practice,the victim’s fault have some problems,such as the victim fault ratio is not high,cognizance standard is not unified.We need to regulate in the judicial practice.The second part is about the victim’s fault and related theory.Punishment law of the victim fault has specific connotation,which is narrow the victim fault in criminology.There are a lot of rich pioneering theory both at home and abroad,which help us to understand the victim fault on the value of the system of crimes.These theory provides the theoretical foundation of the inner meaning for the victim fault of the criminal law.The third part is about the victim fault affecting criminal responsibility outside experience.This part mainly introduces the victim’s fault in other countries about violent crime legislation present situation.These countries are mainly in the general part of the general provisions and specific provisions in the specific provisions for certain types of charges.Through introducing the extraterritorial law,We will reveal outside research and practice experience of enlightenment of the victim fault system in our country.The fourth part is about the victim fault impact on criminal responsibility of judicial application.This part firstly analysis of the victim fault affect defendant conviction,such as justifiable defense special circumstances.The victim fault make the defendant not to be crime.On the other hand,we discuss the victims fault as the discretionary sentencing plot,through case and evaluation way,we analysis of the different victim fault affecting criminal responsibility.On this base,we try to put forward the operable way to standardized the victim fault judicial application,as s practical guide.