The Discussion Is About Impact Of The Vicitim's Fault On The Sentencing

Illegal and Criminal Activity is the destruction of social justice and social order, shall be investigated for the liability of the perpetrator to maintenance and repair the social order and social justice. In some cases, the victim fault is the important factor that raises a crime or aggravates the harm results of crime. Investigate the criminal responsibility of the perpetrator, without considering the factors of the victim fault or even considering the factors but use it incorrectly, it cannot assessment the crimes comprehensively and reasonable, and may not guarantee the necessary rights for perpetrator and even be infringed. So, it is very difficult to maintain and repair the social order, and justice. Therefore, it is necessary for us to study the victim fault, analyzes on the influence that victim fault make to sentencing and the applications in judicial practice.There is a case which illustrates that it does consider the victim fault when sentencing in the introduction of this article. The first chapter discusses the concept, characteristics and type of the victim fault. In view of this paper mainly discusses the influence of the victim fault on sentencing, it limited to the victim fault in criminal law. The second chapter presents a theoretical basis that victim fault impact the sentencing. It makes analysis on Shared responsibility and. Condemnation of said reduced the author thinks that the lower down condemning said is more reasonable and more practical. The third chapter is the key, mainly discusses the application of victim fault in sentencing. The last chapter, based on the statements on legislation of victim fault in foreign countries, and raise Legislative advice that Legalizing the detail of the victim fault, completed this dissertation.