On Victimity Of Victim

There is victimity in the victim, and it has the function of causing and helping the happening of crime. So, it is very important for us to research the problem about victim and victimity.In criminal law, victim refers to the human being whose legal interest is trespassed by crime. On broad sense, the definition of victim refers to human being, organization or order, etc who are trespassed by crime. On the narrow sense, it only refers to human being. Here, the author uses the definition of victim on narrow sense, and the victim in this thesis refers to not only the first time victim, but also the second time or multi-times victim. Victimity refers to the characters in the victim which includes the objective and subjective factors of easily being trespassed consciously or unconsciously.It is necessary to research how to interact between the victim and the criminal. In the interaction, according to the appearances of the victim, to definite the weaknesses of the victim in physics, mentality and sociology, we can finally find out the victimity of the victim. The author inspects the interaction in three aspects. The first one is horizontal research. It concretely includes: being attacked of victim pattern; promotion of victim pattern; assaulting pattern; utilizable victim pattern. The second part is vertical research. The author analyzes in three periods: the time before the crime; the time in the crime and the time after the crime. The third part is the research on the transformation between the criminal and the victim. It can be divided concretely into three ones: unjustifiable defense type; reprisal type; approval type. The mechanism of the transformation is: firstly, there is homogeneity in both the criminal and the victim, which is the basis of the transformation. Secondly, the respondent of the victim to"victim sense"is the mental stimulation which causes the transformation from victim to criminal.The author concludes the characters of victim through researching the relation between victim and criminal as this: Firstly, inducement. It refers those factors which are owned and displayed by the victim and stimulated the happening of the crime. They are usually luring or provoking. Here, the victim has a certain fault. Secondly, infection. It means the victim is easy to be infected or be chosen as the object by the criminal, while the victim is unconscious on it. Thirdly, submission. It means the victim is easy to submit to trespassing. It includes pre-submitting type, long-time tolerance type, environmental tolerance type, voluntary tolerance type, and being compelled to tolerate type. Submission is usually a display of victim after the crime, but sometime it would cause another crime.According to the appearance of the victim in the interaction of the victim and the criminal, the author concludes the functional mechanism of victimity as this: firstly, the personal tendency indicates the possibility of the formation of victimity. Personal tendency refers to the sum of world view, ideal, need, faith, interest and motive, etc which are owned by individual. If they do not conform to the level of society, the mental construction of individual would change abnormally and obviously departure from the society. Then, they would become the mental shortcomings of individual. In some situation, they would become the characters of victimity. Secondly, the life style is the basis of the formation of victimity. Life style refers to the manners of individual or organization satisfying themselves'needing, it is a system. Life style decides the individual contacting others in specific time and space. This can cause the individual to become the victim. Thirdly, sensibility is the inner reason of the victimity. It refers to human being's complicated experience which reflects whether the reality is suitable for individuals and the society including moral view, aesthetic feeling and intellect view. There is negative or hostile sense between the victim and the criminal. In crime, victimity runs rightly through the expression of this sense. Fourthly, society interaction is the practicing manner of the effect of victimity. It can be usually divided into active and passive types. Victimity is usually formed through passive type and put into effect by society interaction.To research the victimity of victim is for anticrime. Anti-victimization refers to the various measures which can prevent individuals, society and country from being trespassed or reduce the chances of becoming victims on the view of victim through eliminating or reducing the passive factors. Anti- victimization is a complicated work. In this thesis, the author only talks about how to eliminate or reduce the victimity and put forward some measures. Firstly, government and the society should strengthen the construction on intellectual civilization and to construct a harmonious, healthy and orderly environment. To strengthen propagate, educated citizens to follow the law, raise their lawful views reinforce the conscious a protection. On one side, the legislator should perfect the remedy function of law and satisfy the victim in material. On the other side, the judicial organization should afford a fluent compensating tunnel to victims and punish the criminal to satisfy the victims'mental need. The society, social district and the families should care after and help the victims to make them eliminate pressure rapidly and come back into the society. Secondly, individuals should get rid of their bad habits and shortcomings, reduce bad social interaction and choose a healthy life style. The victims should adjust themselves and strengthen the ability of resist the pressure to prevent the submission and being trespassed again.