The Criminal Study For Victims' Factors

Victims factors is what implement by victims and affect the determination guilt and weigh the penalty of the offender,with features of injured, non-specific and interactive, including commitment to victims, victim's fault, victim's forgiveness and compensation for victim . Study and set the victim factor, with good reason and basis .Beause that treat crime and victim equally is in keeping with the criminal basic theory of the individual-based , the infingement on legal interest and the new Criminal development trend of the "ternary structure model" ,meet the theoretical requirements of the criminal purpose, the causal relationship and interaction of the criminal law ,and reflect criminal value orientation of protecting individual rights and freedoms, equity and justice, and the economy.Then, take a comparative study on civil law and commen law of the victims of the factors, drawing on the essence of advanced knowledge and the civil law is worthy to study. Combine with China's actual conditions, proposing the behavior set-up elements of various types victim factors.Commitment to rule out the possibility of crime victims must have elements that actors must have qualified ability and express the true meaning of commitment clearly with no strings attached, that the content of the commitments can not exceed the scope of the legal interest, and that violations in line with the commitment and generally recognizes .The victim's fault is the reasons fault , the negligence and a multi-evaluation criteria, and the different extent of the fault lead to different mipact of the determination guilt and weigh the penalty of the offender.Forgiveness from the victims must be put forward truly by victims or legal representatives before the Verdict declared ,with the right and the real scope of the legitimate rights and interests.Compensation of victims should be limited circumstances, generally be applicable to ordinary criminal cases.Finally, victims of the factors can be divided into two types of "possible decriminalization" and "leniency factor" ,and in the issue of leniency factor it recommendate that the discretionary circumstances to be statutory so as to solve the problems in practice and put forward the idea of a number of criminal legislation .