Research On Victim's Faul

"In all criminal cases,except for so-called crimes without victims,there must be the interaction between the offender,the victim,and both parties." The mode of theoretical research in criminal law has been transformed from the dual mode of "state defendant" to the triple mode of "state defendant victim".The academic community has gradually deepened its research on the fault of victims,but there are still issues such as unclear concepts,differences in the theoretical basis of legitimacy,and so on.Judicial practice also pays high attention to the application of victim’s fault,such as reference cases in criminal trials,the Supreme Law,and sentencing guidance from various provinces.As a discretionary sentencing circumstance,victim’s fault is widely used in judicial practice.However,there is currently no consensus in judicial practice on the determination of the fault of the victim,the applicable standards are vague,the determination standards are not uniform,and the degree of impact on the severity of the penalty is unclear,which ultimately has a negative impact on conviction and sentencing justice.The study of the victim’s fault must be based on the definition of the victim and the connotation of the victim’s fault.This article believes that the victim only refers to natural persons,and because the state and legal person have no independent will,they cannot become the victim with fault discussed in this article.This article agrees with the definition of the victim’s fault in the "subjective and objective combination theory",and believes that the victim’s fault is a serious moral or illegal act committed by the victim due to intentional or negligent behavior,which promotes and catalyzes the defendant’s harmful behavior or harmful results.The concept of victim’s fault is a combination of subjective and objective concepts."Fault" is an objective behavior that should be negatively evaluated.The subjective state of the victim reflected by the objective behavior,whether intentional or negligent,will also directly affect the evaluation of the extent of the fault behavior.Regarding the determination of the victim’s fault,this article believes that the victim’s fault behavior must be carried out by the victim himself,excluding those who have an interest in the victim.To reflect the interactive relationship between the victim and the defendant,the victim is only responsible for his own actions.Fault behaviors include illegal behaviors and serious violations of morality.Serious violations of morality can also promote and catalyze harmful behaviors or harmful results.According to the cognitive standards of ordinary people,serious violations of morality should be considered as the fault of the victim.In addition,there should be a direct or indirect causal relationship between the wrongful act and the injurious act.For the wrongful act after the injurious act ends,it does not have a stimulating or promoting effect on the injurious act,and it does not belong to the victim’s wrongful act.In order to ensure the accurate application of "victim’s fault" as a discretionary sentencing circumstance in judicial practice,it is necessary to demonstrate theoretically the legitimacy of the impact of victim’s fault on the defendant’s criminal responsibility.At present,there are shortcomings in mainstream theories.The "responsibility sharing theory" confuses the impact of the victim’s fault on the conviction and sentencing of the defendant;The "condemnatory reduction theory" cannot be applied to the case of joint negligence;The theory of "self accountability" has a narrow scope of application;The theory of "expected possibility" can only be used to explain situations where the defendant’s liability is reduced or prevented.To comprehensively consider the justification of the impact of the victim’s fault on the defendant’s criminal responsibility,several theories should be combined to demonstrate it at different levels.Firstly,it is necessary to determine whether the victim’s fault affects the defendant’s crime establishment,and secondly,it is necessary to determine the level at which the defendant’s crime establishment is affected.If the impact of the victim’s fault on the conformity of the constituent elements,it is necessary to demonstrate through the self accountability theory;In cases where the violation is a cause of obstruction,the principle of superior interest protection shall be applied to explain;If the victim’s fault affects the defendant’s liability,the theory of expected possibility should be applied to explain it;If the victim’s fault only affects the defendant’s special prevention necessity,the responsibility sharing theory is a good choice.The victim’s fault is not a concept of criminal jurisprudence,covering a wide range of cases.In order to ensure accurate application,it is necessary to combine the criminal law doctrinal system,according to the three-tier crime constitution theory,whether it affects the establishment of a crime,and restore it to the victim’s fault that affects the conformity of the constitutive requirements,the victim’s fault that prevents the violation of the law,and the victim’s fault that prevents the responsibility;The victim’s fault that does not affect the conviction of the defendant,but affects the necessity of prevention,mainly includes the victim’s fault that affects the motivation of the crime and other victim’s fault that affects the necessity of special prevention.