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The Fault On The Sentencing Of The Victim

Posted on:2011-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:C F WeiFull Text:PDF
GTID:2166360305482301Subject:Law
Abstract/Summary:PDF Full Text Request
People are usually more concerned about the accused, theoretical research in criminal law and judicial practice, while ignoring the victim. Because the victim does not belong to the main areas of crime, it is often easy to be ignored. Study of modern criminal law, not only concerned about the crime and the perpetrator, but also concerned about the victims of acts and the human impact on crime victims and their parties in the interaction of crime. Perpetrators and victims is a close contact with indivisible whole, as we face a time when a specific case can not be a loss, only concerned with crime and criminal acts, while ignoring victims of the cases studied. Victimology was born in the 40s of last century, after the birth of the relevant research results continue to emerge in recent years, China's legal circles to study the issue of victims continue to rise and abroad, but compared to the victims of our study is not enough breadth and depth of . There is a direct victim of the crime, the victim's fault giving rise to criminal acts often lead to serious crime or the outcome of important factors. If the sentencing, it was entirely without regard to fault or not fully considered the victims of the factors that can lead to inappropriate sentencing and ultimately undermine the legitimate rights and interests of crime. Inappropriate sentencing and criminal punishment fit of the principle of guilt, but also and the criminal law to protect people's interests run counter to the ultimate goal.In recent years, theoretical circles for the Study of the growing importance of victims, but most have focused on the protection of the rights of victims, the right of victims of intentional study of the problem is obviously inadequate. Fault with the connotation and extension of the victims, the victims fault means: out of the victim's subjective intent or negligence, made to induce the perpetrators of crime awareness and inspire the perpetrators of crime levels, and is sufficient to achieve the impact of the offenders judged guilty fault behavior. Victims fault has the following characteristics: subject-specific nature of sexual misconduct, consciousness and the penal relevance of interactivity. When the victim's behavior with these results, and can form an interaction between characteristics of the whole, we can identify the victim's behavior constituted fault victims. The trial in the sentencing process of the factors to be considered innocent victims, according to the size of the fault of the victim to reduce the penalty for the perpetrators. However, in the existing legal system, not on the victims and a clear expression of intent, fault, victims only as a discretionary sentencing circumstances apply to judicial practice. As a result of social customs, judges the quality of public opinion and other factors, making the victims in the judicial practice of the fault is not identified and grasp the standards that are very non-uniform. In most cases, the victims fault, crime, criminal liability as an influential factor, in practice, often in a missing state. The reason is because the victims fault in our country's criminal justice system is not a clear-cut rightful place, which, if not improved, and will certainly lead to judicial injustice. Conducted a study on the victims fault for the correct nature of the case found to determine the defendant's criminal responsibility, has important theoretical research and judicial practice. Therefore, we must change the mode of thinking, attention to victims of fault in the sentencing of the role of the crime as an interaction between the victim and the offender's overall, comprehensive consideration of the two sides in crime in the role. This article, through an analysis of cases of intentional injury, victims fault definition, constitute elements of the impact of sentencing and legislative proposals to explore four aspects in order that the victim at fault for penalties applicable to the value.The first part, Zhang intentional injury case by case basic. Zhang described in detail the merits of the case of intentional injuries after their trial results. Accused Zhang Chan Kwok-keung victims because they can not tolerate trouble in the long-term behavior, so together his friends Li Guangming, Chen Ju-lin, Chan Kwok-keung and other people on the beat. Qijiang the court after the case by the defendant to appeal Zhang, Chongqing Municipal Intermediate People's Court made a fifth final.The second part, the focus of the case. In the first part of the cases described in detail, based on the obtained focus on the case. That is a problem for the victim at fault, victims fault on the sentencing implications.Third part of the controversy and disagreement. This section describes the process in the trial of the two kinds of differences of opinion emerged: whether the conduct of the victim Kwok-keung, constitutes a victim fault; accused Zhang of whether criminal penalties should be reduced.Part IV, analysis and conclusions. That part of the focus of the content of this article, this section details the definition and characteristics of the victims fault, but also shows at home and abroad to victims cited the legislative status of the fault, which shows the victim at fault for penalties applicable to the value. The final article, in the extension of the connotation of fault to victims based on the argument put forward the legislative and judicial advice. We have to blame the problem on the victims and to give sufficient attention, which is conducive to the interests of justice and legal justice, which we should be confident.
Keywords/Search Tags:Victims Fault, Criminal, Statutory
PDF Full Text Request
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