The Effect Of Victim’s Fault On Criminal Liability

By the affected of the traditional criminal binary system, China’s penal system often focused on the criminal liability of perpetrators, the crime is not a one-way process, it is not just a party that simply to harm the other and the other completely killed in the procession, the victim’s behavior may be plays an essential role on the criminal activities. In recent years, the legal profession has begun to focus on the victims, but all about the protection of the victims, less about the fault of the victim. Therefore, Research of the victims fault for the perpetrators of criminal liability has an important theoretical and practical significance.The criminal activity is not the offender’s "one-man show". On the contrary, the results is by the offender and the victim, the criminal process is one of the interaction between the two, the victims in criminal activities, is not necessarily a simples passive, in other words, the victim factors has a direct or indirect impact for the criminal activities. Definitions, characteristics and classification of the victim’s fault factor, the definition of victims, is divided into two kinds of in the Criminology and Criminal Law, in this paper, the victims is the sense in criminal law, specifically refer to criminal acts suffer from physical or property damage to a natural person, not including the abstract meaning of the State and units.Criminology and Criminal Law has a different range of the victim’s fault, in Criminology, which the results of any crime are the perpetrators and victims together; the responsibility should be shared by the two. In the Criminal Law, the fault of the victim’s impact is on the conviction and sentencing of the perpetrator, leaves this; the victim’s fault has no sense in the Criminal Law.In this paper, we defined it as:the occurrence of the victims of its existence, and crime with the criminal law of causality, sufficient to reduce the dangerousness of the criminal acts which is harmful to society and the offender’s subjective intent or fault. Although this fault behavior is not punished by the Criminal Law, but it can become one of the subjective vicious crime and dangerousness criteria for evaluating.It has the following characteristics:1, the subject can not be replaced;2, the objectivity of the victim’s fault behavior;3, time certainty;4,the victim’s fault behavior and perpetrators of crime have causal relationship in the Criminal Law;5, the fault behavior of the victim has specific. The fault of the victims and accountability issues is often encountered in Criminal action, but in fact, the victim’s fault liability investigated the existence lack of express provision in law. Investigating authorities ignored collection of evidence of the victim’s fault liability; the judge ignored review the victims fault liability during the trial. In order to ensure judicial justice of the suspect, defendant subject to penalties, to promote social stability and harmony.This paper is based on qualitative analysis of the victim’s fault, combined with the victim’s fault categories in criminal justice practice, to identify the problems of existing legislative and judicial and the cause of it, in order to re-locate the victim’s fault and improve China’s criminal legislation and criminal justice.