On Faults Of The Victims In Crime Of Causing Traffic Casualties

The traditional theory constitutes a crime, no matter objectivism or subjectivism, or based on the perpetrator of the act, or the main perpetrator of this basic position, the victim was abandoned outside in the value of the evaluation. In recent years, with the number of domestic violence crimes (such as perennial deliberate killing of women abused her husband's case) being frequent, judicial practice is often considered the victim in the sentencing discretion of the fault, and the difference is intentional crime, traffic accident Crime Victims fault problem appears more complex.First of all, the first part is about the fault of the victim into the criminal system constitutes the value of the evaluation made presuppositions:Firstly, the perpetrator is usually a natural person, not rational person. Should the classical assumption that everyone is a criminal law scholar gentleman, regardless of whether a victim is at fault, the perpetrator should be made by the best behavior, there will be no room for the crime victim at fault. Secondly, the relationship between the perpetrator and the victim perspective of this individualism is to replace the relationship between the perpetrator and the country's national perspective. If the State plays the "night watchman" role, his eyes only violated on the norms behavior, and people also ignore the existence of the victim.Then the second part discusses the fault of the criminal law definition of victims, particularly the Crime of the "victim" and "fault" of the specific meaning. Traffic Accident Victims in the Criminal Law refers to the evaluation of the adverse consequences of the accident within the bear side, the "fault" as a subjective state of mind under the domination behavior.The third part of the article from the November 10,2000 Supreme Court "to hear criminal cases, traffic accident a number of issues specific application of the interpretation of the law" in the second start thinking, this is a fault on the victim impact provisions of the conviction, criminal law The key is different from the Criminology:the former is a value assessment, which reflected in the evaluation of the core constitute a crime, so, in order to evaluate "explain" the reasonableness of the provisions of Articleâ…¡, would have to be at fault and the victim discussed together constitute a crime. In the traditional theory, the victims fault, there are two ways to intervene, the argument, whether it is the fault of the victim into the causal relationship between the objective aspect of crime in, or be incorporated into the criminal organization the purpose and motivation in this together, are not desirable, so the theory discussed in the three sectors theory. Articles must first evaluate the value of the victim rather than the fault is a fact that evaluation is an evaluation of the responsibility of evaluation rather than law, while both the conviction and sentencing function, the impact on conviction, that is established on the Crime impact, This paper discusses two aspects of its rationality:first, the existence of risk society, we can not completely avoid the risk of return, only how to allocate risk to, once to assign risk, will have to take into account both the perpetrator and the victim; followed by effective and fair balance between the two values, if the emphasis on efficiency, then the victim may not even look at the responsibility of the accident, as long as the accident occurred, the perpetrator can be direct accountability, the responsibility for big accident, and vice versa responsibility for a small, if the focus on justice, will have to take into account the size of the responsibility for the accident victims.The fourth part, the article discusses the impact of the Crime Victims fault sentencing, with emphasis on the impact of sentencing reasons, because the fault of the victim sentencing on this point, most scholars agree on the basic, but the reasons for sentencing on the impact is not for, this article discusses the impact on the Crime Victims fault in terms of sentencing, to condemn the theory and look forward to the possibility of reducing the inadequacies of the theory, while that of shared responsibility by the relative fit.Fault on the victim's position in the Criminal Code, most scholars still believe it should be included in the Penal Code, but should be incorporated into General or sub-divided again, this article endorses the provisions in the Traffic Accident. Because the self-defense, necessity, as a broad commitment to the victims the victims fault is not desirable, Throughout the world legislation, the fault of the victim countries of the Penal Code also provides for self-defense, the emergency so, if only by their own preferences without definition, the consequences are often abandoned in the criminal law to their own outside the domain. Crime in the traffic accident should be "the victim is at fault, it should be given a lighter or mitigated punishment; victims have a significant fault, not to the offense of such similar provision, or at least one legislative interpretation, and not like the current way, only a judicial interpretation to the provisions of the fault for the Crime Victim impact.