The Survey Of Relationship Between Victim's Fault And Criminal Liability

Current criminal law theory in the study of criminal cases, focusing on the offender's behavior, concern for the other victims were less penalty on the penalty, is a single "country - the perpetrators," the dual structure model type thing. Today, we have come to realize more and more cases to the existence of many victims fault of their own, more obvious in a number of interactive crime, the victims of the proportion of fault, more and more. Many Western countries as a plot to use the statutory sentencing, but the fault of the victim only as a discretionary punishment fits the crime exists, it applies also with a large degree of uncertainty. Of crime, the need to maintain the crime, victims and their relations objective and neutral position, only then can a more comprehensive analysis of the causes of crime, to determine the criminal responsibility of perpetrators and the penalties for the effective realization of the purpose of crime prevention. The introduction of the victim perspective, meaning the victim will have criminal offenders into the criminal responsibility of the fault evaluation system among the more equitable the one hand, fully identified the perpetrator of criminal responsibility, on the other hand, can be used to achieve the best penalty of the minimum penalty effect. Finally, with the interaction between crime and victimization, by analyzing the causes of crime and reduce victimization of the victim so as to realize their own crime prevention effect. This article is divided into five parts, about thirty thousand words, the main contents are:Partâ… : Overview of the victims and the victims fault. This part of the first sense from the concept of criminology start, the concept focuses on the victim, characteristics and classification; Victims fault the concept, characteristics and classification, analysis of how to define the fault of the victim, which is not linked below, the results appear to lay criminal the foundation.Partâ…¡: Victims of Criminal Liability fault basis, mainly from the theoretical foundations of the victims fault can affect the causes of criminal offenders, there are three main aspects, firstly, causal theory, and the second, the criminal law A theory of self-responsibility, the three criminal's own modest and restrained.Partâ…¢: Victims fault the relationship between criminal liability and crime. This section mainly from the specific impact of doctrine and discuss the question in the theory, mainly on the current representation of the two theories, namely that of shared responsibility and condemned the reduced said that the former is mainly caused by a crime from start to objective reasons, the latter mainly from the subjective aspects of crime, and then analyzes the pros and cons of the two theories; in specific impacts, mainly from the impact of victim fault conviction and sentencing of the two aspects discussed.Partâ…£and Partâ…¤: the relationship between the victims fault and criminal legislation and justice, and the victims fault System. First introduced the legislative situation in other countries, mainly in the general provisions of the general provisions and sub provisions in the charges for certain, and our two aspects of the legislative and judicial provisions on victims and the judicial use of fault to be summarized . The last part describes the legal system will be the victim of the fault should be the main issues and how to improve our existing criminal legislation.