The Study Of Victims’ Faults Under The Vision Of Sentencing Standardization

Since the publication of nineteen forties the relationship betweenvictim and criminal, The dominant position gradually get attention in thefield of criminology, criminology in real to the victim’s fault studies.However, from the normative evaluation in the research of victim’s fault isstill in a relatively backward state of criminal jurisprudence, on differentvictim’s fault that the influence of the sentencing on criminal liabilityproblems in judicial practice, has been part of the judicial personnel in thejudicial practice of concern, but the problem has not yet arousedwidespread concern of scholars of criminal law and practice. This articlewill explore these.The introduction part of this article, through the analysis of two casesof intentional injury in the judicial practice, the judicial practice in thevictim’s fault that the chaos, appear different decisions to the case, leads tothe focus of this paper, namely the sentencing standardization perspectiveon the fault of victim is different to divide and define different fault forsentencing, and Research on this issue in the criminal law theory and thesignificance of the judicial practice.The first part of the article through statistical analysis on the legalinformation online970judgments, clearly intentional injury crime victimfault conditions in sentencing practice, and the application present situationcarries on the reason analysis, including lack of unified sentencing entity,for the victims fault classification different lack clear and systematic, alsoincluded for sentencing procedure of thinking and lack of standard anddifferent ideas and judge the quality of individual.The second part of the article reviews the present of Criminology andcriminal law field in the division of the victim’s fault, and analyses theadvantages and disadvantages of each partition method, combining withthe theory of standardization of sentencing, the author put forward theclassification method, namely to the victim’s fault degree as the basicstandard, divided into crime, serious fault, fault as well as a minor fault,and the fault of the victim in this standard are frequently appears inpractice, and then summed up and the types.The third part of the article introduces the fault of victim impact oncriminal responsibility is based on the fault of victim with weightedliability for the offender to commit a crime, according to the weight, size,for the victims fault different settings for different penalty adjustment gradient, in setting process must adhere to the principle of legality, suitingpunishment to crime the principle of individualization principle and limitedoverall consistency based on, in setting methods through statistical analysis,according to the grade setting penalty reduced amplitude. In addition, toclear the " thinking forward+correction " sentencing thinking mode, thevictim’s fault as the two penalty second steps to inspect, mainly by theoffender shall bear the burden of proof, and supplemented by the caseguidance system.