Study On Several Issues Of The Impact Of Victim’s Fault Behavior On Criminal Responsibility In The Crime Of Causing Traffic Casualties

The victim’s fault behavior haven’t been pay attention to in theory research untilrecent years, given the important role of the fault behavior of the victim in the crimeof causing traffic casualties, the fault behavior of the victim of the crime of causingtraffic casualties have become the focus of the study,But so far, study on the issuesof the victim of traffic accident crime is still limited to such issues as introduction tothe definition, characteristics, classification, and relevant overseas laws andregulations, the domestic judicial practice, the legislative suggestion. But there is notso much as to the basic theories study why victim’s fault behavior can reduce thesuspect’s criminal liability, or even be exempt from criminal liability, though thestudy I do maybe limited, but I do try my best to discuss the aforementioned issuesone by one on this thesis.As one of the most important factors of the victim’s fault behavior, the accuratedefinition of the victim is decides the victim fault behavior concept at no doubt. Atpresent, the concept of the victim all based on the criminology, but because of thedifferent emphasis of Criminal Law and Criminology, it will be very inappropriate touse the concept of crime on criminology in the Criminal Law directly, we shouldbase on the normative discipline of Criminal Law to redefine the concept of thevictim, and then the concept of the victim’s fault behavior, after that, combined withthe characteristics of the crime of causing traffic casualties, we can define the faultbehavior of the victim in the crime of causing traffic casualties as follows: the act oromission of the natural person or unit whose life, health or property rights sufferedfrom the crime of causing traffic casualties,which is violation of the duty of care innegligence instead of intent, and there must be causality between this violation andthe acts of crime or criminal results. And thus gives rise to that the victim’s faultbehavior in the crime of causing traffic casualties with such characteristics as onlyact in negligence, violation of the duty of care and the impact on the evaluation ofthe criminal responsibility will vary from different extent of the victim’s faultbehavior. So far, scholars can reach a consensus that the victim’s fault behavior do haveimpact on the criminal responsibility of the suspect, but each sticks to his ownviewpoint as to why the victim’s fault behavior do have impact on the criminalresponsibility of the suspect. There are many scholars referring to the researchachievements of the western criminal law scholars, put forward various theories forexplanation, included the hottest theory of anticipated possibility, the culpabilityreduction theory which seen-to-be have become the mainstream theory, and theshared responsibility under the overall law. But after the introduction and analysis ofthe aforementioned theories, we found that they all lack of explanatory. So we turnto the foundation of criminal responsibility, and after we found out that thetheoretical foundation of criminal responsibility is the act of the suspect inaccordance with the crime constitutions, we believe that the theoretical foundation ofcriminal responsibility in the crime of causing traffic casualties is the act of thesuspect in accordance with the crime constitutions of the crime of causing trafficcasualties too. According to that and based on the fact that the two aspects of crimeconstitutions is subjective and objective aspects, we could conclude that thetheoretical foundation of the victim’s fault behavior affect the criminal responsibilityin the crime of causing traffic casualties will is the combination of the sharedresponsibility and the culpability reduction theory.As mentioned before, the theoretical foundation of the victim’s fault behavioraffect the criminal responsibility in the crime of causing traffic casualties is thecombination of the shared responsibility and the culpability reduction theory, whichmeans the victim’s fault behavior can reduce culpability of the suspect while sharingresponsibility of the suspect. But there are several problems to solve, that is, howexactly the victim’s fault behavior affect the culpability of the suspect, and in whichway will the victim share the responsibility of the suspect? And through those ways,what specific effect will be made on the criminal responsibility of the suspect in thecrime of causing traffic casualties? So far, there is rarely study involved in andserious lack of information. After a large quantity of related documents reading, thewriter was inspired and figure out that we can use the degree of negligence and thecausality theory to provide well explanation. After reasoning, the writer come to conclusion that the way which the victim’s fault behavior influence the criminalresponsibility of the suspect in the crime of causing traffic casualties, is through theinfluence of the fault behavior of the victim made to the perpetrators’ degree of fault,that is, through effect the obligation of result avoidance and the possibility of theperpetrator to fulfill the obligation of result avoidance, and the causality between theperpetrators’ act and the result. According to the aforementioned mechanism of theeffect of the victim’s fault behavior on the suspect’s criminal responsibility, wefound that the victim’s fault behavior in the crime of causing traffic casualties notonly directly affect the sentencing of criminal suspect in the crime of causing trafficcasualties, and may even affect the conviction of criminal suspect in the crime ofcausing traffic casualties.