Criminal Victim Fault And Sentencing Research

Legal theory,the relevant statistical data as well as China’s current criminaljudicial practice description of the victim at fault really affect the sentencing of an butby the national prosecution doctrine, as well as China’s criminal law around the crimeartificially center construction one yuan paradigm of impact, the victim at faultsentencing system has not been given due attention, as the impact of sentencingdiscretion of the plot, this situation makes the victims fault posed a great problem inthe judicial practice. On the basis of the results of scholars, trying to criminal victimsfault basic sorting out a more comprehensive understanding of the relevantcontroversial issues. The article is divided into four parts, of about three thousandwords, and mainly discussed the related issues of criminal victims fault:Part Ⅰ: the basic issues of criminal victims fault. This section focuses on the basicconcepts of criminal law sense of the victims and the victims fault definition and theestablishment of victim characteristics and victim fault elements analyzed. I believethat the victims in the criminal law sense is the criminal offense has been infringed bythe direct legal interest to maintain, but should be excluded from the indirect victims;victim fault is the victims fault difference in criminology, the author advocates strictlydefine the fault of the victim, to avoid the victim generalization of the fault identified.Part Ⅱ: the impact of sentencing jurisprudence of criminal victims fault. Thefault of the Criminal Victim impact of sentencing jurisprudence there are many, I onlybasic comb and Analysis of the more influential theories. This section first ExpandReview of various theories of the impact of sentencing on the victims fault, that thescholars critical of shared responsibility that the lack of rational, the last I think theresponsibility is shared theory and reprehensible to reduce currently the mostinfluential theory, and two, respectively, a different path from subjective andobjective reveals the victims fault affect the legitimacy of the sentencing, and gives amore detailed argument. Part Ⅲ: Criminal Victim fault defects in the Criminal Code inspection andresponse. I first analyze the status of the victims fault in our criminal justice systemand victim fault as a reflection of discretionary sentencing in the judicial practice, Ithink that should be focused on from the victim at fault statutory sentencingstandardization and The concept of change to deal with current problems.Part Ⅳ: the legislative and judicial recommendations of the victims fault.Statutory victim fault is of positive significance, the author advocates to learn fromWestern countries mature the legislation, and actively promote the statutory victimfault, and integrated many scholars of legislative proposals, proposed the initialconcept of legislative I agree with the view of some scholars, in the process of judicialapplication of quantitative analysis should be introduced in order to achieve thevictims fault Judicial Application of standardized and scientific and accuracy.The epilogue to the above part of the article, a brief summary, and stresses theimportance of the study of the victims fault, and called for joint efforts of scholars toactively promote a statutory body of the victim at fault. I would like the exposition ofthis article, trying to have a more comprehensive understanding of the relatedproblems of the victims fault.