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Criminal Significance Of Victim At Fault

Posted on:2014-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ZhangFull Text:PDF
GTID:2266330401978377Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Victims’ rights movement in the political and restorative justice have a longhistory, but criminal victims is little studied in criminal law. Fault of the victimlegislation is still blank in China and academia has been no systematic study. Thevictim’s fault caused the criminal acts and damage results.This article discusses the role of the victims’ fault in not guilty, distinctionbetween sin and measurement of penalty. Specifically, behavior is not guilty. Andvictims’ violation of their legitimate rights and interests is a fault too. Additionally,The victims’ fault could play a role in distinction between accidents and crime.The significance of research on victims fault is that: First of all, it provides anew object of study and ideas, and expands the boundary of the theory of criminallaw; Secondly, It subverts the traditional about the core of the criminal law"behavior"; Finally, it can reduce the crime rate, with the guidance of the law.This article is divided into five chapters:Chapter I is about the concept of the criminal victims and the victims’ fault andthe establishment of conditions. Why the victims’ fault can make the criminalresponsibility low. Conclusion: Criminal Victims is that human be infringed bycriminal, affect the offenders’criminal responsibility. The fault of the victims is thevictims’ behavior is not for the purpose to cause crime, can lead to crime or work onthe harmful results, contrary to the common sense,social morality, society illegal. Itis established on four conditions: The main body conditions, Behavioral conditions,Extent conditions and Causal conditions.Chapter II is about that the victims’fault make the offenders not guilty.constitute a crime need elements "compliance, illegal, accountability", the fault ofthe victims make the offenders not guilty from that.Chapter III is about that the victims’fault can make different between illegaldetention and kidnap, rape young girls and whoring young girls.Chapter IV is about that the victims’fault have effects on measurement of penalty about offenders. In the general principles of criminal law and specificprovisions to discuss the victims’fault.Chapter V is about that obstacles to the Legislation and how to legislate.
Keywords/Search Tags:The fault of the victims, The role in out of sin, The role in distinguish between sin, The role in light punishment
PDF Full Text Request
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