Research On The Influence Of The Criminal Victim’s Fault To The Responsibility Of The Accused

The criminal victim’s fault in some cases could influence the defendant’s responsibility, so we study the meaning of victim’s fault in criminal law. But so far this research is still at the starting stage, the existing related papers mostly discussed the legal basis of the influence, there are few papers discuss its legal implications. This paper will not discuss the legal basis, which answers why victim’s fault could influence the defendant’s responsibility, but try to get closer to the problem’s essence, aiming at exploring the legal implications of the victim’s fault in criminal law, which answers what it is. The paper starts from four parts:part1, discussing the definition of the criminal victim’s fault, which includes the concept, classification and legal attribute; part2, discussing the constitution of the victim’s fault in criminal law; part3, comparative analysis of the legislation about criminal victim’s fault at home and abroad; part4, according to China’s legislative and judicial status, put forward the suggestion about how to establish the system of victim’s fault in criminal law.