On The Influence Of The Victim Faulty Behavior To The Criminal Responsibility Of The Crime

As "the restorative justice movement" gradually deepened, the victim of character has increasingly caused the concern of the scholars in the criminal procedure law circles. Actually, in the criminal law, it is also necessary to cut from the victim aspects and deepen the study of related issues. In many criminal cases which have victims, not all of the victims are innocent, some victim's behaviors can play a big promoting role to the occurrence of the crime, for which the victim may undertake the legal responsibility, this is the problem of the victim's fault behavior. The main purpose of researching the problem of the victim fault behavior in the field of the criminal law is to discuss the influence of the victim fault behavior on criminal responsibility of the crime. Setting out from the angle of the interactive relationship between the victim and the criminal, the thesis particularly discusses the definition and the characteristics of the victim fault behavior. Through summarizing and evaluating the domestic and international legislation and precedent, the thesis deep explores the theoretical base of which the victim fault behavior affects the criminal responsibility of the crime, and on this basis analyzes the victim fault behavior's determination standards and its specific influence on the criminal responsibility of the crime which the victim fault behavior has. Then it finally puts forward some legislative suggestions on the victim fault behavior.Chapter one is the introduction. It introduces the background and significance of the research on the victim fault behavior.Chapter two is a summary of the victim fault behavior. It contrasts and analyzes the academic dispute on the victim and the victim fault behavior, and then clearly defines the victim and the victim fault behavior. Furthermore, it explains the characteristics of the victim fault behavior.Chapter three is the evaluation and summary of the current situation at home and abroad on the victim fault behavior. It introduces the present provisions on the victim fault behavior of Anglo-American law, Continental law as well as China mainland area. It generalizes the relevant provisions of Anglo-American law and Continental law, and briefly evaluates the relevant provisions of China mainland area.Chapter four is discussing the theoretical base of which the victim fault behavior affects the criminal responsibility of the crime. It determines that the victim fault behavior will influence the crime's criminal responsibility, and through analyzing and evaluating the relevant theory of the group of criminal at home and abroad, the author puts forward the subjectivity and objectivity compounded theory.Chapter five is the specific application on the victim fault behavior. It indicates the determination standards and classifies the victim fault behavior. At last it points out that the victim fault behavior can not only influence the crime's conviction but also his sentencing.Chapter six proposes to amend the relevant legislation. It contraposes some drawbacks in the relevant provisions and judicial practice on the victim fault behavior, and advocates that the victim fault behavior should be given circumstances to legalize and contributes suggestions for amending domestic advertisement law.