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On The Influence Of The Criminal Victim's Fault To Sentencing

Posted on:2012-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HanFull Text:PDF
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In traditional criminal law, criminal acts in our study, it was always the protagonist of the perpetrators of criminal acts in a prominent location to research, while ignoring the crimes that are closely linked with the victims. However, in the criminal process, crime is often a two-way rather than one caused by the perpetrators, as victims of crime in many a party has an inescapable responsibility in causing and being caused by crime played a role can not be ignored. Victims of crime is a crime both human and social conditions in the interaction of certain common completion.Modern criminal law interaction, both focusing on the protection of victims and the crime, but it also pays attention to the protection of the accused, judge of the criminal law should adopt a neutral model, unrelated to an interest, an objective attitude of calm and fair evaluation, not only for the crime negative evaluation of people, the fault of the victims also need evaluation, the evaluation will be reflected in the victims fault for the evaluation of crime among the people. In the West 40's victims as the 20th century rise of the study, the fault of the victims more and more attention has been given to the victims fault, active in criminal law sense, and acts of criminal liability is to reduce one of the statutory reasons. In the Criminal Theory of China, the issue was related to less, in judicial practice be regarded as only on the sentencing discretion of the circumstances. This reflects China's criminal law and judicial practice in the theoretical study of the victims is not enough depth, reflecting the dominant position of the Victims of the criminal law's indifference. Throughout the criminal process will play an important role in the victim is not treated as actors, but also seriously damaged the rights of victims. Articles by Li Weifeng intentional murder for sentencing analysis, leads to the victim at fault in the real judicial practice of controversial issues, and then through the fault of the connotation and extension of the victim, the defendant of criminal responsibility and legal status of the existing theory of the four aspects Based on the study, explained the fault of the victim into the criminal defendant if the circumstances are considered the statutory sentencing of criminal law values. Paper is divided into four parts:The first part, the introducing of Li Weifeng Intentional Homicide. By Li Weifeng intentional homicide case, after hearing the results of a detailed review and put forward the case of contention. Defendant Li Weifeng has long been victims of bullying In yet another assault of Ma Xiwa. he was unbearable and his anger was not exposed, with the knife to kill the sheep, victims killed Ma Xiwa, causing death of the victim dead. By the Xi'an Intermediate People's Court case was heard, the defendant after the victim is at fault, Li Weifeng made appeals, the case ultimately made by the Shaanxi Provincial High Court upheld.The second part, Analysis the divergent views in the case to propose the legal controversy. Analyzes the case of the existence of the victim Ma Xiwa victims of criminal law can reduce the fault and the fault of the defendant Li Weifeng victims of criminal responsibility, and then attempt to explore the theory from the Criminal Elements of victims fault.The third part, the theoretical analysis of the victims fault and conclusions, is the key part of the article. The fault of the victim immediately following the second part of the theoretical definition, analyzes the meaning of victim fault, special permits and classification of domestic and international criminal law through the legislative status of victims of the fault and the fault of the victims of the current research of practical significance of sentencing described to illustrate the reality of the victims fault statutory requirements.The fourth part, put forward a sound legal concept of victim fault. Fault of the victim in the legislative and judicial practice, the value of the analysis of needs, based on a clear legislative and regulatory recommendations of Justice.In summary, the article from the case, analyzes the fault of the victim offender behavior, crime, trying to understand a new perspective to explain the victim's fault in the sentencing practical significance. The article thinks that the practical value of researching Victims fault, Mainly reflected in the sentencing .The ultimate goal and destination of Researching Victims fault, Is also accurately identified the perpetrator of criminal responsibility.Therefore, the fault of the victim's definition of the concept and characteristics are also only consider its responsibility in the sentencing factors, deficiencies are inevitable. We just hope that the victim's fault behavior can be reduced or avoided if the circumstances were the subject of the penalty, the legislation provides the victims fault for the circumstances of a clear sentence to guide the active fault, the judge found the victim in order to achieve a reasonable and equitable sentencing .
Keywords/Search Tags:Victims fault, Sentencing, Statutory
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