The Survey Of The Criminal Victim's Fault

Crime is an interactive course between the victim and the offender, which the victim and offender has done something to affect each other. But in the infringed process the victim is always placed in a negative or passive position. In fact he is not a man who likes a helpless lamb which can not do anything for himself in the infringed process. The victim maybe has done something to revolt the offender because of his character or action, subjective or objective circumstances. Of course, we talk about the fault of the victim is not to blame the victim, because it is hard to accept from the moral aspect, however the meaning of the study is obvious. The discuss of the liability of the victim is to make things clearer, make the result more reach to the fact, and make the judgment fair, legal and reasonable. This thesis focuses on the fault of the victim which has a meaning to the criminal law, consists of five parts, there are about 30 thousands words. More details are as follows:Part one: The definitions about the fault of the victim and theories. In the first section of theory foundation, the author explains the definition, classifications, characteristics of the victim with the beginning of the victim and the victim theory. As for the criminal meaning of a victim's fault, at present, there are mainly two opinions: firstly, the fault causes the victim to share responsibility; secondly, the fault result s in the mitigation of offender's culpability mitigated. It is inappropriate to conclude that the victim with fault should share criminal responsibility according to the first viewpoint. Comparatively, the second opinion is more reasonable.Part two: The standard of a victim's fault which has the criminal meaning. At first, the author educes the theory of the relationship of mutual influences, and then puts forward the standards of a victim's fault which has the criminal meaning, combing the subjective circumstances and objective circumstances.Part three: The influences of the victim's fault on criminal responsibility of the offender. In this part, the author not only discusses the significance of the victim's fault to the sentencing, but also to the conviction.Part four: At first, the author mainly discuss the legislation provisions about the influences of the victim's fault on giving penalty in foreign and Chinese criminal laws, and analyzed the comparison of the contents. Secondly, the author makes a research on several typical crimes, such as crimes of causing a traffic accident, premeditated murder, manslaughter, injuring others intentionally, unpremeditated crime causing severe injuries, raping, etc. in the current theoretical framework, and points out the shortcomings about this issue on our criminal law. In the final of this part, the author analyzes the necessity of introducing the definition of victim' fault in our criminal law, and puts forward a few pieces of legislative advice.At last, the author hopes that the whole society can pay some attention to this issue, in order to keep the fairness of the criminal law.