The Study Of The Victim’s Liability

Traditional criminal science based on the position of crime center theory and focuses onthe study of crime and criminal, ignored the study of victimization and the victim. In the studyof criminal jurisprudence, although scholars have noticed the victim’s liability and its function,but this knowledge did not really be absorbed into the standard system of criminal law. Fulltext as breakthrough point for the study of the victim’s liability, from the dual perspective ofcriminology and criminal jurisprudence system, expounds the concept of the victim and thevictim’s liability category, and the victim’s liability question was been discussed and putforward the legitimate basis of victim’s liability impact of criminal responsibility, basing ondetailed combing the victim responsibility identification in our country present situation anddilemma drawing lessons from foreign victim’s liability legislation practice, try to explorewithin the framework of the existing criminal law system the path to realize the victim’sliability into the conviction and sentencing mechanism.The prose mainly from the five parts:The first part is about the principal position of the victim of consideration. First of all,through the perspective of criminology and criminal jurisprudence perspective, the study ofthe victim is defined as natural person and legal person who’s the legitimate rights andinterests were directly harmed due to tort infringement; Then, the paper introduces the "crime-victimization " interaction theory and from the direction of the offender and the victim’sbehavior, crime type two aspects to lay on the interactive relationship; Finally, through theanalysis of traditional criminal legal relation, put forward should establish the subject status ofthe victim in the criminal law, to establish a "the national, the criminal, the victim" ternarylogic system.The second part is the analysis of the victim’s liability. Starting from the analysis of theconcept, the responsibility in the field of criminal law is defined as including the offender andthe victim’s liability of neutral concept in this part, focus on the connotation of the victim’sliability in detail, and points out that its essence is the violation of statutory obligationsattached to criminal responsibility, the imputation elements including misconduct, causalconnection and misconduct reached a certain degree; Then, briefly analyzed the responsibilitytypes caused by the victim misconduct: that is the promise of the victim, the victim’s fault andthe violate obligation of caution of victim; In addition, on the basis of the classification of the victim’s liability, this paper make detailed research to the victim’s liability from the angle ofthe degree of responsibility.The third part is to explore the theory of victim’s liability affects the criminalresponsibility. About to the theory of victim’s liability affects the criminal responsibility,academia has different theories at present, although these propositions are analyzed from onelegitimacy foundation of victim’s liability affects the criminal responsibility, there areone-sided. The victim’s liability through effects and changes the inherent elements to affectthe evaluation of criminal responsibility is the legitimate basis.The fourth part is about the present situation and dilemma of comb. These mainlyreflected in four aspects: first, to confirm the victim’s liability and insufficient; Second, thestandard is not unified, the procedure finds a discount; Third, the judiciary excessive concernabout harm result; Fourth, the victim about excessive demands and the public mood.The fifth part is to explore the realization of the victim’s liability in criminal law. Articlesummarizes the bridge function, limit function and regulation function, and based on thepractice of the victim’s liability legislation in foreign countries as a reference, puttingforward we should step on the victim’s liability for legal.