Study On Influence Of The Criminal Victim's Fault To Declare The Measurement Of Guilty And Penalty

In the west , the victim's faulty behavior generally acceptted by people has already became an origin which can relieve the legal responsibility. In our country, the victim's fault is applied to judicial practice merely regarded as discretionary circumstances. However, no specific prescriptions about the influence of the victim's fault to declaring the measurement of guilty and penalty are made in criminal law in our country, and thus leads to different recognition, different application and considerable confusion in practice. The current criminal law theory mainly studies the crime in terms of the injure party, based on subjective and objective facts one-sidedly, and analyze its behavior whether forms the crime or not and this multiple penalty of place, and ignore the responsibility that the victim should undertake. This reflects that the theory circle and the judicial practice departments ignore the mainly position of the victim. In view of this, it is necessary to study about the influence of the criminal victim's fault on declaring the measurement of guilty and penalty, and the legalization of the victim's faulty circumstances. This article take the criminal victim's as an angle of view, begin with the concept of the criminal victim's fault, the characteristic of the criminal victim's fault, the recognition of the criminal victim's fault and the classification of the criminal victim's fault. Then elaborate the theory foundation of influence on declaring the measurement of guilty and penalty gave by the criminal victim's fault, the legal basis of influence on declaring the measurement of guilty and penalty gave by the criminal victim's fault, the practice foundation of influence on declaring the measurement of guilty and penalty gave by the criminal victim's fault, and the mechanism of influence on declaring the measurement of guilty and penalty gave by the criminal victim's fault. Finally discusses the necessity of legalization of the criminal victim's faulty circumstances, the feasibility of legalization of the criminal victim's faulty circumstances, and how to make the criminal victim's faulty circumstances legal.