The Influence Of The Victim’s Moral Fault Circumstances On Conviction And Measurement Of Penalty

In crimes of violation of personal rights,the victim’s fault often used as an important defense opinion,and the evaluation of the victim’s behavior in criminal judgments is related to the severity of the defendant’s criminal punishment.Subject to the lack of traditional criminal law theory and legislation,most of the legal provisions on victim fault appear in policy documents such as “minutes” and “opinions”,and china has not adopted legislation to determine the application standards of victim fault,and it is even more difficult to seek a clear institutional reference for the application of victim moral fault.The victim’s fault is only evaluated as a discretionary sentencing circumstance,and it is difficult for the victim’s moral fault to have an actual impact on the defendant’s conviction and sentencing in judicial practice.There has always been some controversy over whether the victim’s violation of moral norms should be evaluated by the criminal law and whether it can have an impact on the defendant’s criminal responsibility,and the response to the victim’s moral problems in judicial practice is related to the credibility of the judiciary.This thesis sorts out the Chinese and Western methodological theories on victim fault,defines the concept of victim moral fault based on the relevant theories of victim fault,and analyzes the rationality of the victim’s serious moral fault in the evaluation of defendant’s criminal responsibility.Subsequently,this thesis organizes the cases in which the victim’s moral fault is used as a sentencing defense viewpoint,summarizes the types of cases in which the victim has moral fault and the basis for determining that the victim’s moral fault is a moral fault in the criminal law sense,and makes a specific analysis of the impact of the victim’s moral fault on the defendant’s conviction and sentencing in combination with the case.The main impact on sentencing is reflected in the lenient punishment,mitigating punishment and influence on the application of the death penalty to the defendant due to the victim’s moral fault.Subsequently,this thesis summarizes and the problems existing in the application of victim’s moral faults based on the current situation of victim’s moral faults in judicial practice,and the application of victim’s moral faults contradicts traditional criminal law concepts,and there are inconsistencies in the application process.Finally,aiming at the problems existing in the application of victim’s moral faults in conviction and sentencing,this thesis discusses the path of standardized application of victim’s moral faults,classifies victim’s moral faults to a certain extent so that the application of victim’s moral faults is more clear,examines the correlation between victim’s moral faults and crimes during the conviction process,extracts the victim’s moral fault circumstances in the sentencing process,is targeted and humble,and finally standardizes the expression in the judgment documents to achieve the standardized application of victim’s moral faults.