The Study Of The Victim's Liability

There is the crime, there is the victim. The traditional standpoint thinks that a person becomes the victim only because he has been harmed by the offender, and in the infringed process he is always placed in a negative or passive position. In fact, the infringed process is an interactive course, which the victim and offender has done something to affect each other. The victim maybe has done something to revolt the offender because he is not a man who likes a helpless lamb which can not do anything for himself in the infringed process. Some reasons which the victim has, such as the tendency of being harmed and the sensitivity of being harmed, have placed a very important actor in the criminal course. The victim can also be brought to being offended by the illegal act and the immoral behavior which he has done. Sometimes, the victim has very big liability for his being offended. The study of the victim's liability is based on the foundation of the interactive theories and the judicial practices in our country. The study of the victim' liability had been begun more early in the west nations, but the systematic study is the business in the near several decades. Scholars have brought up the relation between the offender and the victim which is The Duet Frame of Crime, or The Executing-bearing Relation, or The Criminal Colleague, and they know that the victim has some certain liability for the victimizing of himself. But the beginning of the systematic study of the victim' liability is very late in our country. It is the 80 age of the 20th century when we begin to introduce the foreign researches of the victim's liability. Until the 90 age Chinese readers have the chance to read the works about the victim' liability written by Chinese. The victim is the individual or the substance that was directly violated by the other's criminal offence and he suffered the disservice directly. The concept of the victim includes the bellowing meaning: (a)The legal interest has been aggrieved. No a infringed legal interest, no a crime; and no a crime, no a victim certainly. (b)The victim is the subject of the legal interest. It is the key to defining who is the victim. (c)The victim is the concerned party of the crimecase. The whole behaviors which have not a victim are all impossible to be named as a crime. After analyzing the concept of the victim, we have put emphasis on analyzing some characteristics of the victim, and point out that the influence of these characteristics couldn't be neglected in the criminal process. At the same time, according to the victim's physical characteristics and the degree of the victim's liability and the nature of the criminal offence, we have classified the victim appropriately. The word of liability has abundant ideas. It is not only including the legal liability, but also including the ethical liability and the moral liability. The victim's liability is the behavior or the mental state of the victim which lead the offender to hurt himself, including the illegal deed and the immoral act, and also including the improper act and the mental state that can't prevent the crime affairs from tanking place under the particular situation. Then, the victim's function duty is not to do something to inviting the others to hurt himself, but do anything positively to prevent being harmed. From the total level, the victim's liability can be divided into three types, named as irresponsibility, the liability on the criminal cause and the liability on the criminal law. According to the different function of the victim in the criminal process, the victim's liability can be divided into four types such as the liability of inducement, the accelerated liability, the provocative liability and the injuring liability. So, how is the liability distributed in the different victim and in different crime? From the comparison with the sex, the male victim has more the fault duty than the female victim has. Seeing from the age, the victims who take the responsibility of his being harmed are mostly the 20-...