On The Victim's Falut In Criminal Law

The current penal code of our country has not set up a system about the fault of victim, and the research on this problem by scholars still stays in theoretical stage, even without forming a powerful authority theory. In judicial practice, due to the lack of specific statutory code and an unified standard on identifying the fault of the victim, the judicial determination on the fault of victim has great difficulty. In this situation, the establishment of the fault of victim as a system in the criminal code is a common mission in the theory and practice. This article is to analyze and demonstrate whether the victim Zhao constitute the fault of victim based on the murder case with the homicide Dai, focusing on the identification on the nature of the victim's behavior. The author explored the history of Victimology and learnt the academic and practical value, and then introduced the thesis on the fault of victim and the legal theory of sentencing the defendant affected by the fault of victim, and through deep demonstration, as a result, the judgment standard on the fault of victim was concluded. In this paper, the biggest controversy focus on whether the behavior of the victim had a fault and whether the fault could directly affect the sentencing to the defendant. Based on the author's demonstration combined with the details of the murder case with the homicide Dai, the nature of the victim Zhao's behavior was identified. The author proposed the conception of improving the legislation on the fault of victim in the basis of the legal practice situation in our country by investigating the continental law system in the national penal code on the fault of victim combined with the research results by the scholars in our country.This article assessed the correlation problem on the fault of victim in the form of case analysis, and analyzed theoretically the fault of victim. In addition to the introduction, the whole article is composed of seven parts.The first part is the case cause with a briefly summary on the causes.The second part is the basic facts, which introduces in detail the the process of defendant Dai murdering the victim Zhao and the situation of the facts indentified by the defendant and conviction and sentencing by the court.The third part involves in the controversies of the case, and based on the case facts, five controversies are summarized.The fourth part focuses on the controversy and disagreement, in which introduced in detail the various opinions on the case .The fifth part is the legal analysis on the controversies. By applying the the related theory of Jurisprudence and Criminal Law, the controversy is further demonstrated.The sixth part includes the author's views and conclusion. According to the conclusions above and combined with the details of the case, the identification conclusion on the fault of victim is reached.The seventh part analyzes the present situation of the fault of victim and legislation improvement, putting forward the legislative proposals on establishing a system of the fault of victim in criminal law based on the legal status in our country.