Research On The Criminal Victim’s Fault

Victims are not always the passive and innocent side, instead, most of the time, they arethe active side who have a close relationship with offenders，facilitating the occurrence anddevelopment of crime. In this sense, cirme is not always only the result of personalityalienation of the offender, but also the reflection of the personality that the victim violates therules. Consideirng its significant theoretical value and urgent justice demands, it is fairlyimperative to study them in-depth whether victims have fault and how to legalize it.In addition to introduction and conclusion, there are a total of600thousand words in themain body which contains four aspects as following.The first part is the overview of the theory of criminal victims’ fault. Since thedefinitions of victim in Criminal Law, Cirminal Procedural Law as well as cirminologydifferentiate’, the victim fault in Criminal Law does not attach to conviction plots of criminalmotive but has its particular meaning that is characterized by six basic features, which are theiftness of the subject, free will, misconduct, cause-and-efFect linkage，urgency and severity, aswell as three standards of identification, that is，behaviors of seirous violation of ethics，illegalact and criminal activities.The second part is the current legislation and justice of “The Criminal Victi’ms Fault”.On one hand，there are no speciifc provisions about conviction plots of the victim’s fault. Onthe other hand, the idea of taking it as the spiritual connotation of plots of conviction andmeasurement of penalty goes though both general and specific pirnciples of the Cirminal Lawand is reflected in judicial practice through judicial interpretations and precedents. InCirminal Law, it not only makes a difference on the measurement of penalty, but alsoinfluences the crime conviction which determines if victims will take cirminal responsibilitiesand how much they have to take. Without doubt, in our current cirminal justice, there alsoexist such problems as undefined provisions, without legal hierarchy, no conscious awarenessapplication, no application standards, etc, mainly because of our intirnsic cultural tradition ofretribution，strict criminal policy, cirminal law system of cirminal centralism and huge stressinflicted by victims.The third part is the justiifcation of legalizing “The Cirminal Victim’s Fault”. Judgingfrom its necessity, it is the demand of Suiting Punishment to Cirme, criminal prevention， Balancing Leniency and Severity，explicit burden of proof. On its feasibility, our criminaljustice theory, cirminal justice system as well as mature foreign legislative precedents and soon, all make it possible.The last part puts forward recommendations about legalizing "The Cirminal Victim’sFault”. Due to deficiencies of current legislation, there three aspects we have to work on. First,adding provisions on "victim’s fault” under related general pirnciples in Cirminal Law.Second, stipulating relevant specific provisions in the legislation of such typical parts as cirmeof intentional homicide and cirme of intentional injury. Furthermore, relevant judicialinterpretations should detail identification standards and relevant judicial precedents shouldanalyze and comment speciifc cases so as to unify its application.