A Study On The Relationship Between Victim Fault And Sentencing

The traditional criminal theory in China believes that the crime is isolated individuals struggle against the domination relations, the same to law. Thus, the crime has been seen as the violations that individual against the society or country in traditional criminal theory. Into the 1960 s, with the rise of the victim rights, the criminal law perspective began to change for individual legal interests. In this contest, the traditional criminal theory became research the victim’s rights, legislation and justice of criminal gradually shape a image of No-fault victim. However, as a security law, the criminal law not only protects the victim’s interests, but also protects the defendant’s interests. In this process, as an important sentencing fact, the victim’s fault becomes an important question in criminal theory because it reflects the behavior’s social harm and actor’s dangerousness. With the development of technology and social, the information of criminal case spread at an unprecedented rate in society, For example, the case of xuting and dengyujiao. In those case, because of the status of victim’s fault in our criminal law, It still exist many difficult in how to apply this sentencing in particular case, The function of protection of legal interests in criminal law cannot be effectively realized. So how to locate the position of victim’s fault in the discretionary penalty is inevitable.The article can be divided into four parts, the first part mainly analysis the victim’s fault’s concept and feature, so that we can pave the way for writing. The second part mainly analysis the basis and positive sense that include the victim’s fault into discretionary penalty, we analysis this issue from the perspective of norms of criminal law and define the positive sense on this basis, taking point for the article. In the third part, we combine the case of victim’s fault that occurred in recent years, mainly analysis the exemplification of victim’s fault and the defect of legislation in our criminal law to supply date for the article. The last part is the path selection of solve the plight we face in the reality. In this part, we base ourselves on the basis of social reality in our country, and drawing the legislative experience of other country to explain the important sense of legalizing the victim’s fault in our criminal law. So that we can build a sound path to improve our criminal law.