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Talk About Injured Party's Fault To The Influence Declaring The Measurement Of Penalty Guilty

Posted on:2005-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X H YangFull Text:PDF
GTID:2166360155956536Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Crime kill and crime it encroaches on to be one two respect of question, as social crime a lot of situation of incident being crime people and injured party result that both sides act on together, the behavior of crime people and the injured parties' behavior all work with emergence of the crime, the behavior of bypassing the injured party is difficult to assert the behaviors and plots which make the sinner accurately. So, studying injured party's fault in the crime has the signification for declaring the measurement of penalty guilty in accuracy.Injured party in crime fault among the incident, among the calculated crime , show as its fault behavior cause criminal offence , crime of people; In the unintentional crime, it causes the emergence of the danger result together with behavior of crime people to show as its fault behavior. Because the behaviors of injured party and crime people are all reasons happenning in crime incident, injured party and crime people all have fault to the emergence of the crime incident, lead to the fact the accident responsibility happenning in crime incident ought to be shared between injured party and crime people. And crime accident size of responsibility people bear influence size of criminal responsibility their directly, accident responsibility is great, prove the social harmfulness of the behavior is great, the criminal responsibility that should be shouldered is great too; Accident responsibility is little, prove the social harmfulness of the behavior is little , the criminal responsibility that should be shouldered is small too.Because injured party share some responsibility , crime of incident, crime accident people bear responsibility corresponding to reduce, accident responsibility is reduced, the social harmfulness of the behavior is reduced correspondingly , the criminal responsibility that should be born is small too, punishing should lighten correspondingly too.The current criminal law theory studies the crime in terms of criminal in isolation, based on mainly objective fact of crime people one-sidedly, its...
Keywords/Search Tags:Injured party's fault, Accident responsibility, Share responsibility, Declare the measurement of penalty guilty
PDF Full Text Request
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