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Study On The Impact Of Victim's Fault On Sentencing In Intentional Injury Cases

Posted on:2012-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:H L GongFull Text:PDF
GTID:2216330371953484Subject:Law
Abstract/Summary:PDF Full Text Request
Crime is often the study of criminal law and criminal penalty points, and hurt and killed interactive relationship is usually neglected, the fault behavior cannot be ignored however crime contributing factors. The victim 's own implementation of the fault behavior caused by criminal consequences should also assume corresponding responsibility.In this paper, based on the intentional injury case trial practice, by Dong Wen'an deliberately hurt case, Liu of intentional homicide, a deliberately hurt case three typical cases as the breakthrough point, respectively lead out the victim's fault to the defendant's sentence would affect the degree of fault, the victim should be how to judge, the victim 's fault and how to judge the causality of crime three questions. In order to solve the fault of victim impact sentencing in the judicial practice problems in the application, first cited by Chinese and foreign victims fault influencing the measurement perspective and analysis, then analyzing the mainstream view in the practical application of the existing problems and proposed solutions. By summing up the practice of the victim s fault influencing the measurement problem solutions, and specific application of typical cases solved the problem.This article through to the victim's fault responsibility in case analysis, taking the victim as a breakthrough to the victim fault influencing conviction case study, sum up this on the victim's fault responsibility to the conviction and sentencing of point of view, put forward to the victim's fault responsibility to influence the improvement ideas of conviction and sentencing.. Hope the theory research and judicial practice of the victim s fault liability attention, clear the fault liability of the victim using a standard, make the legal system more complete justice.
Keywords/Search Tags:Victim, Victims Fault, Sentencing
PDF Full Text Request
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