Study On The Victim’s Fault In Criminal Responsibility

Crime and victimization are two respects of one problem.In certain situations, the crime is theresult of both of them. The behaviors of the criminal and victims of crime plays important roles,therefore, they share the criminal responsibility. However the criminal behavior evaluation andattribution of the present criminal law theory is based on the criminal’s subjective and objectivefacts as the basis to analyze the crime and the punishment, ignoring the fault of the victim and theresponsibilities in the criminal cases. At the same time, our country’s criminal responsibility theorythrough development of a few years, in the basic theory has made great progress, but the systemstill lack completeness. The author thinks, this phenomenon should be changed, this articlediscusses this issue of crime and victim effects analysis on criminal responsibility, look forward tolook for the proper path in the current criminal law theory framework.This article is divided into five parts, the first part is introduction, including on the victim’sfault theory research status and the research significance. The second part is the concept of thevictim, as well as the classification of it. The third part is a focal point of the thesis, introduces indetail the concept, nature, classification, determination conditions. The fourth part discusses indetail how the fault of victim determine the responsibility elements, and eventually to influence theprocess of criminal liability. The fifth part according to the part of theoretical analysis, drawlessons from the foreign legislative experience, put forward some suggestions for legislation.