The Penalty Decides After Deliberation The Rational Research

Criminal trial includes conviction and giving the defendant penalty. It is important to have a precise conviction. Meanwhile, it is also important to give a reasonable penalty because it can only make a criminal to obey the penalty and come back to society as soon as possible with a fair, legal and reasonable judgment. The traditional criminal law only focuses on the criminal himself as regard to penalty and it ignores the relationship between infliction and suffering injuries. Therefore, there exist a few unreasonable judgments. This author of this article notices this point and writes this article with the beginning of the relationship between infliction and suffering injuries. The author tries to discuss the relationship between infliction and suffering injuries form the aspects of theoretical foundation, legislative comparison and judicial cognizance on the basis of present research in order to achieve giving reasonable penalty.In the introduction section, the author gives a brief introduction to the development of the victim theory and its influence on giving penalty.In the first section of theory foundation, the author explains the definition, classifications, characteristics of the fault of the victim with the beginning of the victim and the victim theory, and then educes the theory of the relationship of mutual influences. The author also discusses the influences of the fault of the victim on causality by analyzing the causality between inflictions and suffering injuries. Further on, the author expresses his counterview to the theory of"anticipates the possibility"and educes the principle of answering for one's own fault in the civil law. The author analyzes the necessity of introducing the definition of victim'fault in our criminal law.In the 2nd section of legislative comparison, the author has mainly discussed the legislation provisions about the influences of the victim's fault on giving penalty in Chinese and foreign criminal laws, and analyzed the comparison of the contents. The author starts explaining this issue with the provision of giving penalty in the general rules of the criminal law and analyzes the influences of victim's fault on intention crimes and reckless crimes by selecting some cross-sectional accusations. The author wants to point out the shortcomings about this issue on our criminal law in order to make our criminal law to be conformed with foreign criminal laws. In the final of this part, the author points out that that it is feasible to introduce the circumstance of victim's fault into our criminal law.In the final part of judicial cognizance, the author discusses the standard of victim's fault at first and puts forward the standard of combing the subjective circumstances and objective circumstances. Then the author particularly discusses the classifications of victim's fault. In the final of this part, the author makes a research about the legalization of the circumstance of victim's fault and puts forward a few pieces of legislative advice. The author thinks that only the legalization of the circumstance of victim's fault can be reasonable in giving penalty.