The Significance Of Victim’s Fault On Sentencing

The criminal law is a crime and penalty provisions of the law, the traditional theory ofcriminal law tell us that, the crime is the struggle that isolated individuals against the rulingclass, the damage to the normal order of the national and social, so, legislators’ eyes tend tofall on the national and perpetrators, the commission of a crime or penalty On criminal laware criminal people-centered construction. Traditional criminal law theory of crime strippedfrom their life in the world, and put them in a vacuum environment, isolation of the offender’sconduct and its subjective malignant evaluation thus applicable penalties, separates therelationship of the background world of his life and crime. Criminology studies have shownthat, any crime do not exist in isolation, in many cases, crime and victimization is a process ofinteraction. Seen in this light, in the interaction between the perpetrator and the victim, thereare many factors that might affect the defendant criminally responsible; the victim’s fault isone of them. Therefore, examine the effect that the victim’s fault takes to the defendant’scriminal responsibility, that has great significance to court balanced the sentencing, the courseof justice and other issues.This paper is divided into five parts, the following are brief:The first part is the overview of victim’s fault, from the concept of the victim’s fault andthe victim, the paper gradually clear that the object to explore is the fault of the victims in thesentencing sense by analyzing the victim’s fault on the meaning of CriminologicalSignificance and Criminal Jurisprudence, conviction and sentencing, and introduce sometypes of victim’s fault on this basis.The second part discusses the nature of victim’s fault, first, investigate the nature that thevictim’s fault can characterize the degree of subjective sin and the degree of dangerousness,clear the value and role of victim’s fault, second, discuss the nature of the discretionarysentencing circumstances that the victim’s fault has, clear the position of victim’s faultcircumstance in the whole sentencing circumstances system, and explain the relationshipbetween the degree of subjective sin of offender and the degree of perpetrator’s personal riskthat victim’s fault reflects.The third part is the according that victim’s fault influence sentencing, first introducedthe theories that the victim’s fault can affect sentencing, second, analysis the basis ofsentencing, drawn the conclusion that sentencing is base on the criminal responsibility, therefore, try to clarify the legitimacy of the fault of the victim impacts sentencing through theanalysis of the structure of criminal responsibility.The fourth part discusses the effect of the victim’s fault for sentencing, first explain theapplicable rules of the circumstance of victim’s fault, that how to recognize and extract thecircumstance of victim’s fault in practice, then discusses different specific impact of thedifferent victim’s fault for sentencing by case and comment.Part V discusses the statutory of the circumstance of victim’s fault, first lists the foreignlaw of victim’s fault, hopes to provide the experience of legislation about the statutory of thecircumstance of victim’s fault for our country, and secondly discusses the necessity of thestatutory of the circumstance of victim’s fault, finally, proposes some views about the specificconstruct of the statutory of the circumstance of victim’s fault.