Meaning Of The Criminal Code Of The Victims Fault

In this thesis, most of the space of the first chapter will focus on a series of basic conceptive problems about victim and victim's fault. Firstly, based on juxtaposing and analyzing a variety of points of views, victim will be defined as the natural person ,a unit and nations whose legal rights and interests are directly offended by criminal deeds. Secondly, by taking the victim's fault discussed in this thesis into consideration, the definiton of victim in this thesis is confined to be natural person whose personal and property rights are directly invaded, whereas a unit victim and nation victim are not to be discussed in this thesis. Lastly, the distinction between victim's fault in the sense of traditional criminology and the one in the sense of criminal laws will be specially illustrated. Furthermore, according to the objective definition, scope and characteristics of victim's fault in criminal laws, the its conception is described to be the objective facts deliberately or negligently performed by victim in a specific case before, during or after a crime, though the facts are blamable to the occurring and developing of the crime, they directly influence the crime and, therefore, in some sense, should be taken into consideration when sentencing the convicted.The second chapter focuses on the previous study of victim's fault and its present research status so as to illustate some facts of victim's fault such as its importance in our nation's criminal laws, the weak position and the urgency of studying.In the third and the forth chapters, the study of victim's fault will be specially attended in details from two different points of views, namely, transverse victim's fault—victim's fault in calculated crimes as well as negligent crimes, and lognitudinal victim's fault -- victim's fault in the sense of cause of crime, intensifying of crime and aggravation of crime. The discussion of victim's fault in calculated crimes will specially focus on its classification and judging criteria, victim's fault is classified in two sorts, namely, active fault and passive fault. Active fault is the one within the scope of criminal law. The quality of fault behaviors, the specific circumstances, the subjective factors of fault deeds, the subjective mentality of culpable actor as well as the public opinion can be used as criteria for judging the influence of victim's fault. In the discussion of victim's fault in negligent crimes, by setting the traffic accident crime as a crime, the difference between this kind of victim's fault and the one in calculated crimes is revealed: the victim's fault in negligent crimes must break the law and be confined to subjective mistake. And its effect are mainly revealed in the reasons on the occurrence of the results. While studying lognitudinal victim's fault, by the directviewing and examplifying methods, the author discusses different types of victim's fault in different phases of crimes that may cause, intensify and aggravate the results of crimes.The fifth chapter will discuss the influences of victim's fault on the measurement of death penalty by referring to "Summary of the National Court's Colloquium on Criminal Trials Aiming at Maintaining the Stability of Rural Areas", issued by the Supreme People's Court on October 27, 1999. By studying the our country's articles on calculated murder, the author finally proposes the rational operational mechanisms on how victim's fault affects death penalty, that is to say, by defining the judging standards of "extremely serious crimes", referring to formulating methods of calculated murder at all times and in all countries, and grasping the standards on how the victim's fault in calculated murders comes into effect, the author will develop the points the influences of victim's fault on the measurement of death penalty.Based on the previous discussion, in the sixth chapter the author attempts to illuminate the phylosophical foundation (the principle of tortious causality and the principle of contingency and necessity) and the law foundation (probability of expectation) on which victim's fault influences the measurement of the crime. Furthurmore, the author the value pursuit of the study of victim's fault in criminal law from several points of views, such as, the balance between crime and punishment,the restraining criminal law and the aim of penalty.In the last chapter, the author demonstrates the necessity and feasibility of victim's fault to be legal. By studying and analyzing the model of legislation of victim's fault in foreign countries'Criminal Laws, and by criticizing the current position of victim's fault in our country's criminal law, the author ultimately proposes the detailed plan for victim's fault to be legal.