On The Fault Of The Victim In The Sentencing Process

Legal philosophy of Socialism demands of justice and fairness. In actual judicialactivities, people not only concern to conviction correctly or not, but also to the sentencingfair or not. And paying attention to the victim fault can provide a reference basis for thecorrect conviction and fair sentencing, and can also deter and educate the victim, even hasan effect of preventing crime outside the case. Therefore, it is necessary to focus on thevictim fault in sentencing, in order to realize the rule of fairness and justice.This paper is divided into four parts:Firstly, it is to clear the meaning of the victim fault, sum up the scholars dispute aboutthe theory of fault of the victim, and then made the victim fault standards.Secondly, it is to analyze the significance of the victim fault in sentencing. Consideringthe victim fault in sentencing can promote the sentencing fairness, maintain the sentencingequilibrium, strengthen the criminal defense, and prevent criminal crime.Thirdly, investigation of the victim fault in the practice of the sentencing and analysisthe victim fault with the case and data are to be the key parts of sentencing, and it is thecommon defense reason. Also contributed to the reasons for sentencing imbalance, and thereis the absence of procedural safeguards issue.The last but not least, the idea of the impact of victim fault on sentencing program isput forward. It is to agree the scholars' view of the statutory victim fault. It is to clear theresponsibility of finding out the forensic evidence, and public prosecution authority and theinvestigation department look for the evidence. At the same time, it should limit the judges'discretion reasonably.It embodies the respect to facts of cases and unremitting pursuits to the fair sentencingby acknowledging and paying attention to the influence of the victim fault in sentencing,which not only perfect the legal theory of sentencing but also can laid the foundation forrealizing the fairness and justice of sentencing.