Research On Criminal Law Significance Of The Victim Behavior

In judicial practice, many cases involve to the victim behavior. Some victims play an active even interaction role in the crime process, some victim behaviors are having the important influence on the criminal responsibility of actor. However, for a long time, the study on the behavior of the victim is rather weak. In recent years, although some scholars have carried on certain discussion to the victim question, and achieved some research results, but lack of doing a comprehensive and systematic study to this problem. Therefore, the victim behavior deserves deeper study both in theory and practice.This article to research of criminal law significance of the victim behavior, is for the purpose of evoking more concern on the importance for the issue from criminal law circle, expanding the field of criminal law theory research, hoping to judicial officers making the accurate criminal law appraisal to actor behavior. Judicial officers concerned not only about the behavior of actor, but also taking into account the victim's behavior, respect the victim the main body status in dealing with related criminal cases. The author advocates that along with to victim's behaviors fundamental research and the criminal justice practice question's solution, pledges it in the penal code. The ideas of proposed legislation on the victim behavior, hoped will have a benefit to the later revision of criminal law.The dissertation includes five chapters which occupy about 200,000 chinese characters.Chapter I: Limits of the victim behavior criminal law significance. In this chapter, the meaning of the victim, the victim behavior and the victim behavior's criminal law significance have been defined. Victim should refer to a natural person or unit with its legal rights and interests directly and seriously damaged. The criminal victim mainly refers to the victim of a case of public prosecution, but generally does not include the plaintiff in the incidental civil lawsuit. Victim behavior is defined as the victim's behavior which has the criminal law significance, may affect the conviction and sentencing to the perpetrator, closely linked with the crime. The victim behavior's criminal law significance is refers to the criminal law effect that victim behavior for actor behavior and the criminal responsibility.In the field of criminal law, the main significance of victim's behavior lies in the impact on the criminal liability. The victim's behavior will not be considered by criminal law until it is serious enough to affect the criminal liability. In specific circumstances, the victim's behavior certainly affects the existence and the extent of liability, but in the sense of the criminal law, victims should be responsible for their own mistakes which do not have an independent significance. It carries theoretical and practical significance to study the victim behavior criminal law significance. After victim behavior put into the perspective of criminal law, the theories on criminal law science should be carried out reconstruction.Chapter II: the establishment of victim behavior, classification and status. In this chapter, the author analyze the scope of the victim behavior, classify the victim behavior according to different standards, discuss the nature and the status of the victim behavior, analyzes the relationship between victim behavior and actor behavior, and the consequences of the crime. Elements of the establishment of victim behavior include the main body, objective behavior, subjective and objective aspects. The victim behavior includes the victim Commitment, victim faulty act and victim forgiveness. The behavior in criminology refers to the behavior that all has criminal law significance, or have an important impact on criminal responsibility. It includes the victim behavior and actor behavior, the criminal acts and legally justified acts.Chapter III: the criminal law significance of the victim commitment. In this chapter, I mainly elaborate the conditions of victim's commitment, discuss the criminal law effect of the victim's consent of abducting and trafficking in women and children, of illegal intrusion into residential acts, of the deducing promise, of euthanasia, of crime of intentional homicide, of medical treatment, putting forward my idea of legislation of the victim commitment.The victim's agreement behavior is refers to the victim within the limits prescribed by law, based on their own free will, allowing others to their legitimate interests caused an infringement behavior. A effective victim consent should includes the following factors: victim must has the capacity of consent, the subjective conditions of the victim must be knowing and voluntary, the content of consent can be consented, and the consent must be made before the results Produced and clarify the meaning clearly.In decide the principal body condition of the victim commitment, both criminal law and civil law must be taken into consideration. commitment must be true without any flaws,otherwise invalid. Commitment is admitted only when there are complete individual benefits, but the right of life and power of health which risks the life security are excluded. commitment must be made no later than the actor behavior is occurring, lasting till the performance of the actor's behavior. Social justice of consent behavior refers to victim can not breach the social benefits when he makes consent to his personal benefits. The victim must guarantee he will not breach his social obligations when he performs the consent. The basis of effect of the victim's consent is shortly limited handle theory. Motivation mistake don't affect the promise validity.Chapter IV: the criminal law significance of the victim's faulty behavior. In this chapter, the author analyzes the elements of establishment of the faulty behavior of the victim, made empirical study of the victim's fault affect the conviction and sentencing of actor, state the legislation suggestion of it to our country. The victim's fault in the sense of traditional criminology and the one in the sense of criminal laws have the differences and have the relation also. The victim's fault is the misdeed that may trigger criminal mentality and intensify the degree of crime so that it may affect penalty measurement.By the researching on the related laws and the theories of different countries and districts that belongs to the Continental law system, the Anglo-American law system and our country, the author made a comparison between abroad and home. There are two theoretical doctrines of the influence of the victim's fault to criminal liability:"shared responsibility"and"condemned lowering".The victim faulty behavior's potency basis should be"the responsibility reduced says". If the fault responsibility of the victim is less, the criminal responsibility on the corresponding can be light. If the fault responsibility of the victim is larger, the criminal responsibility on the corresponding can be reduced. This is the criminal law effect that the victim fault responsibility to the criminal responsibility. According to the severity of fault, victim fault behavior can be classified the crime, major fault behavior and general mistake behavior. In the existing system of criminal law, victim's fault can be considered according to the case crime in general principles and specific provisions, so as to show the influence on the measurement of penalty.Chapter V: the criminal law significance of the victim's forgive behavior.The victim's forgive behavior refer to victim's behavior which victim make express or implied, to forgive the perpetrators, not to report to the relevant authority or make lighter punishment recommendations on the actor behavior. The elements of the establishment of the victim's forgive behavior include the subject, subjective, object, the way and the time of forgive behavior. It includes forgiveness acts after the event, victim-offender Reconciliation and so on.The basis of effect of victim behavior is showed why the victim behavior produces legal effects to the conviction and sentencing of the actor behavior. As to basis of effect of the victim-offender Reconciliation, the domestic and international viewpoint of theories field is different. There are mainly three viewpoints: equilibrium theory, narrative theory and restorative justice theory. The potency basis of forgive behavior by victim is mainly for the theory of the procedural subject, restorative justice and the criminal law modest and restrained theory.