Research On The Legalization Of The Duties Of The Injured Party

The concept of"victim"appeared in 40s of last century. When the early scholar studied the relationship between the criminals and victims, they found out that the victim was an important role in the crimes. Sometimes they played important roles in impacting and shaping the criminals. Under this circumstance, the theory of"the victim pushes the crimes"gradually came into being and the concept of"victim"appeared.The author points out that though it is of great value to study the theory of"victim liability"in criminology, it is not combined with the studies in criminal law, which results in failing to guide the criminal legislation and judicial practice. As regards to the present situations of the criminal legislation, the system of the criminal law, which is founded on the focus of the victims, does not involve the issues of the victims and the victim liabilty at all. The author points out that it is necessary to apply the theory of"victim liability"to the criminal legislation and judicial practice. After the author puts forward her assumption of the legalization of the victim liability and discusses the basis and value of the legalization of the victim liability, the author puts forward her legislative suggestions on the legalization the victim liability on the basis of the comparison of other country's legislations.The thesis is divided into four parts:Part I: The brief account of the victim liability. The definition of the victim and the victim liability is given at the beginning of this part. Then the author puts forward another definition from the definition of the victim, which is the object of legalization---- victim liability in the criminal law by using the classification of factual liability and legal liability. At the end of this part, the author reviews the development process of the definition of the victim liability all over the world and prepare for the discussion in the later parts of this thesis.Part II: The basis and the value of legalization of the victim liability. In discussing the basis of the legalization of the victim liability, the author does the discussion in the order of the reasons of crimes, the basis that the criminals bear the criminal responsibilities, the principals of the criminal law and the purposes of the penalties. From the discussion, the author outlines three values of the legalization of the duties of the injured party: realizing social justice, standardizing judicial application and implementing the Criminal Policy of Tempering Justice with Mercy.Part III: The brief discussion of the legalization of the victim liability in comparative view. Beginning with introducing the present situations of criminal legislations and judicial practices of the victim liability, the author conclude some enlightenment from realizing the legalization of the victim liability by comparing with other countries'legislations. On the basis of this, the author puts forward her brain of thought of pushing on the legalization of the victim liability.Part IV: The realization of the legalization of the victim liability. This part deal with how to realize the legalization of the victim liability. The author points out that the legalization of the victim liability must be based on the present conditions of China. At the beginning of this part, the author analyses three constitution factors in the victim liability in the criminal law. That is: the existence of the victim liability, relationship between the victim liability and the occurrence and development of crime and the victim liability with a fairly high serous degree. As regard to the specific suggestions, the author suggested that specific crimes with the victim liability be firstly stipulated in the specific provisions of the criminal law. Then, the victim liability should be stipulated in the general provisions of the criminal law in order to construct the victim liability in the criminal areas.