A Study On The Crime Of Criminal Victims

Rational allocation of liability is an important mean to realize the rule of law society. Therefore, we cannot ignore criminal victim who interacts with perpetrator in the process of criminal responsibility evaluation. With the fault of the criminal victim influences criminal responsibility, so sufficient attention to the fault of criminal victim undoubtedly has an important practical significance on determing the offender’s criminal responsibility and achieving justice in the judicial practice. But there is not enough attention on the fault of the criminal victim in China’s criminal law and no clear stipulation of the fault of the criminal victim in the current criminal law. In judicial practice, the fault of the criminal victim only as a discretion consider in the general. It does not very inconsistent with the legal status of the fault of the criminal victim.Defining the meaning of the fault of the criminal victim, holding the right of the fault of the criminal victim according to the type, function, effectiveness, and constructing the system of the fault of the criminal victim with reasonable is the key point of this study. Full text is divided into five chapters besides the introduction and epilogue.The first chapter mainly is divided into two parts. One part discusses the meaning of the fault of the criminal victim and the other talks the stablish condition of the fault of the criminal victim. The fault of the criminal victim refers to the criminal victim implement an act with intentce or negligence, which leading to criminal act against themselves and affecting the criminal responsibility of the perpetrator in accordance with the degree of fault. Setting up the fault of the criminal victim must have four elements namely subject of criminal victim, with a fault on criminal victim’s subjectively, objectively practiced criminal victim’s fault behavior, and have the legal causation between fault behavior and criminal behavior.The second chapter mainly discusses the different types of the fault of the criminal victim. According to the degree of the fault of the criminal victim can be divided into different serious fault behavior and general fault behavior; According to the different content of the fault of the criminal victim can be divided into illegal and criminal behavior, violation of moral fault behavior and violation habits fault; According to the different subjective state of the fault of the criminal victim can also be divided into no intention of fault behavior and deliberately fault behavior. The third chapter mainly discusses the function of the fault of the criminal victim in accurating conviction, sentencing justice, limiting the death penalty and preventing the crime. So the chapter elaborates the positive role of the fault of the criminal victim from the four aspects.The fourth chapter mainly discusses the effectiveness of the fault of the criminal victim from the basis of theory and law with two aspects. According to the theory, the article mainly discusses the theory of shared liability, the theory of reprehensible reduce and the theory of anticipated possibility. According to the law, it is analyzed with legislative experience from home and abroad.The fifth chapter mainly talks the author’s some imaginations on institutionalization of the fault of the criminal victim. In this chapter, in order to construct and perfect the system of the fault of the criminal victim in our country, the author tries to put forward some suggestions from the substantive law and procedural law with the two-level.