On The Fault Of Victim In Criminal Law

All the activities are running under the universal law of change ---- causality, the unceasing changes are based on some certain reasons. In the process of harm and victimization, the victim and offender are always in motion rather than static state. Regardless of the victim's role is positive or negative, it always has a certain impact on the offender. Victims of crime and the crime itself are the two sides of a same issue, as a social event, many crimes are the results from the interaction of victim and offender. Setting aside the behavior of victim of crime is difficult to accurately identify the offender's behavior and circumstances. Therefore, the study of the fault of the victim in the crime has a significant meaning in the conviction and penalty of the crime.This article includes 5 parts except the introduction and conclusion:Part I: Victims fault-related concepts and theories. From analyzing the concepts of the victim, the fault of the victim and the grounds of the impact to the criminal's liability, through the various views of different scholars, in-depth analysis, concluded that: victims include natural persons, legal persons and unincorporated organizations; the fault of the victim refers to the victim triggers the crime reasonably for purpose or not, which can affect the relative persons'crime liability; the grounds of the impact to the criminal's liability including the theory of shared responsibility and the theory of the condemned reducing, both have their own rationality.Part II: Fault of victim with legal meaning. With the conception of the fault of victim, this section studies the relation between the victim and the criminal. In the interactive process, not all victims are present fault, and not all victims'action has the legal meaning to the conviction of criminal. In the end of this part, discusses the Victim's commitment.Part III: How the victim's fault affect the crime liability. In this part, from analyzing the subjective reason and behavior of the victim which can directly affect the criminal to affecting the qualitative of the criminal, as well as the determination of the specific charges.Part IV: The status of the fault of victim in foreign criminal law. By particularizing and inducing the articles from the civil law system and the Anglo-American law system to explain the role of the fault of victim in a crime. Emphasize the importance of the fault of the victim in criminal law.Part V: The status of the fault of victim in Chinese criminal law. Through the detailed description of the general principles and the articles in the current criminal law, especially on the violent crime, rape, traffic accident crime and the crime of property violation. This article suggests the fault of the victim should be taken into consideration in the conviction of crime liability.With the domestic and foreign scholars'research results, this paper is trying to discuss the issue of the fault of victim in 5 parts above through the theory and practice. Due to the limited knowledge of the writer, there must be points have not been deeply studied. The substantial evidence is not sufficient enough. In order to complete the study on this issue, your correction will be highly appreciated.