| With the development of the theory of criminal law, the status and function of criminal victims in the system of criminal acts is receiving increasing attention. Crime is no longer regarded as a fact that offenders against victims merely, but an Interactive process between perpetrators and victims. The traditional research about criminal liability is standing on the sides offenders unilaterally. However, this article attempts to consider the crime and criminal liability from the parties of offenders and victims bilaterally. With using the methods of comparison, the case studies, literature review and others, it is looking forward to exploring the theory about criminal victims'self-responsibility, in order to deepen the study of the victims in this area, but also get more comprehensive and deeper understanding about crime and criminal liability. If the perpetrators and victims are treated fairly in court, we can achieve justice and safeguard the dignity of the judiciary better. Conclusion in this paper, in addition, the total is divided into five parts.The first part the historical changes in the status of victim. First it introduces the concept of the victim, followed by reviewing the development process about the status of victims in the course of history, high to low and then rise gradually.Part II the background and theoretical basis about self-responsibility to criminal victims. First of all, it recalls the social backgroud of the theory about self-responsibility to criminal victims, followed by discussion about what is self-responsibility to victims, and finally discusses a variety of theoretical basis about it.Part III the law reflecting the theoretical spirit of self-responsibility to criminal victims. It introduces a variety of law that reflects the theoretical spirit of self-responsibility to criminal victims, including foreign countries (including the civil law and common law) and our country (including Taiwan, Hong Kong and Macau).Part IV the meaning of Penal Code about the victims'fault and the criterion of self-responsibility. This part is the focus of this article. First of all, it discusses the meaning of Penal Code about the victims'fault. Secondly, it dissertates the basic criterion of self-responsibility to victims. In the first place, this portion point out that self-responsibility is on the basis of"determination by oneself". In the next place, it dissertates the two conditions for the victims'self-responsibility : 1) the existence of the fault of victims; 2) the fault of victims have a substantive impact on reality.Part V the practice problems of self-responsibility to criminal victims and how to overcome the difficulties. First of all, it indicates the various problems of self-responsibility to criminal victims in practice, followed by a number of suggestions about how to perfect the theory.Conclusion in this paper, further defines the basic viewpoint of this article and emphasizes the research value about this theory. |
