On Victim’s Fault In Criminal Imputation

Victim’s fault is one of the circumstances of sentencing to beconsidered while determining the criminal liability of offender. In foreigncountries, the theoretical research on victim’s fault began early and hasbeen gradually reflected in the enact of legislation of many countries.However, there is no specific provision and definition in the penaltysystem of China in regard of the impact of victim’s fault. It is usuallydetermined be the judges in accordance with the specific case during thejudicial adjudication. It is very important to enhance the research on theinstitutionalization and provisionalization of victim’s fault theory,because it is closely related to the revaluation of criminal liability of theoffender and helpful to perfect China’s penalty system. This paperattempts to discuss victim’s fault of criminal imputation in economiccrimes as the starting point and make some useful exploration. The paperis divided into five chapters.The first chapter clarifies the concept and characteristics of criminalvictim from the perspective of its connotation and extension bydescribing the origin of victim’s fault theory.The second chapter focuses on theoretical basis of the impact ofvictim’s fault on criminal imputation. Criminal imputation includes thetwo aspects of conviction and sentencing. The paper focuses on theimpact of victim’s fault on sentencing. How does victim’s fault influencesentencing? This chapter makes an in-depth analysis on the issue from theperspective of criminal genesis, the statue of victim in criminalproceeding and the criminal integration of penology.Chapter three focus on the impact of victim’s fault on the judicialapplication of criminal imputation. Firstly, it analyzes the impact ofdifferent kinds of “victim’s fault” on sentencing. Followed by focusedanalysis on how to apply “victim’s fault” properly when variouscircumstances co-exist. In the case of various circumstances co-existing, two aspects should by considered when “victim’s fault” plot by applied,one is principle of discretional evidence of judges, the other is properarrangement of the order of “victim’s fault”. In case of variouscircumstances co-existing, the legally prescribed plots shall by consideredfirst.Chapter four, from the empirical point of view and based on thetheory discuss above, discusses the impact of victim’s fault on finalsentencing in economic crimes.Chapter five, based on the review of present legislative situations onthe impact of victim’s fault on criminal imputation home and abroad, putsforward specific ideas on the improvement of the system in China,including to add general articles on the impact of victim’s fault oncriminal imputation in General Provisions, to add circumstance articles inthe crimes with strong interactivity, to make the imputation systemapplicable in the civil damage compensation liability incidentally causedby criminal liability.