A Research On The Influence Of The Criminal Victim’s Fault To Sentencing

In criminal cases, often because of the mercy of the victims and the perpetratorabomination and pay more attention to the protection of the legitimate rights of the victims,ignoring the victim’s fault liability. In fact, sometimes the victims fault is the importantfactors that lead to crime or aggravated the harm results. If we do not take into account thisplot in sentencing the perpetrator of the crime who is clearly unfair. By Liu Jiakui deliberatemurder leads the victims fault ability to affect the sentencing and how the issues affecting.First, the fault of the victim of criminal victim’s fault, the concept and classification ofcriminal victim’s fault and elaborates the characteristics, through the analysis of the variousopinions of different scholars and their understanding of the conclusion: The fault of thecriminal victim is defined for the victim intentionally or negligently made, can directlyinduce criminal behavior of the crime awareness, aggravated crime harm results, andenough to influence crime judged guilty behavior. Secondly, based on shared responsibilitytheory, the theory of anticipated possibility and condemned the reduced theory and analysisfor the victims fault influencing the measurement provides theoretical basis, points out thefault of victim and the criminal sentencing should be inversely proportional to therelationship, social harmfulness of crime of the personal danger and crime will have certaineffect. Whether type caused by fault, fault or fault excitation type unit can have an impacton the sentencing in a certain extent. But in our country’s criminal legislation of victim’sfault but the discretionary circumstances of sentencing, cause there is no uniform standardin the judicial practice. Then the relevant provisions of the victim fault of main countries ofcontinental law system and Anglo-American law system countries made, although theprovisions of the victim’s fault is not the same, but the study on the victim’s fault domainstarted earlier, has been relatively mature, which can be reference to it, but it should be inline with China’s actual situation, the appropriate choice. Finally, through the comparison ofthe study of foreign countries about legislation of criminal victim’s fault, the fault of victimin criminal legislation of statutory.