A Study In Types Of Criminal Victim’s Fault

In the traditional criminal law theory with human-centered crime,theoretical studies about the victim’s fault has not been possible sufficient attention. Due to lack of theoretical research and lack of relevant laws and regulations, the applies of the victim’s fault in judicial practice have exposed more and more problems. In this paper, the analysis of the identification of the victim’s fault of the sample of300cases of intentional homicide has reflected this:the identification of the victim’s fault in judicial practice is more than perceptual judgment and the impact that the victim’s fault on the criminal responsibility lack of rational judgment, thus, it greatly reducing the status of the victim’s fault in the system of constitution of crimes and the system of sentencing which should have occupied. To alleviate the dilemma, it is necessary to further explore the evaluation system of the impact of the victim’s fault on the criminal responsibility, thereby provides the theoretical support for improving and perfecting the victim’s fault in laws and regulations.In practice, the diversity of the manifestations of the victim’s fault and the the complexity of the affect that the victim’s fault on the criminal responsibility have decided it is never easy to build such a practical significance system.the definition of the concept and the constituent elements of the victim’s fault can not meet the needs of the legislative and judicial practice practice.Accordingly, author propose that it is necessary to to put the fault of the victim and the criminal sentencing system constitute the system to conduct a comprehensive study, it is necessary to study the victim’s fault in the form of type for the comprehensive study of victim’s fault in both constitution of crimes system and sentencing system. The form of type is just a research method,the crucial thing is how to type the victim’s fault,because it has not only related the practical operability of the type study,but also related to whether it can include all the fault of the victim that has evaluated the significance of criminal law in general.Based on this, for grasping the influence of the victim’s fault on criminal responsibility, should be combined with the internal structure of criminal responsibility, not only by the perspective of the victims fault unilaterally.To avoid the duplication of evaluation and realize the effective link between the conviction plot and the sentencing plot of the victim’s fault,based on the internal elements of criminal responsibility of the three-tier system,victim’s fault have classified into the type of affecting the conformity of constituent elements;the type of negating the illegality;the type of negating responsibility;the type of reducing the responsibility; the type of reducing the special prevention.The former three types of victim’s fault affect the presence or absence of criminal responsibility;the latter two types affect the size of the criminal responsibility.the type of reducing the responsibility affect the size of the crime itself,the type of reducing the special prevention affect the size of the offender’s likelihood of recidivism,on the basis of the position on the criminal responsibility,in terms of "significant" and "general" to distinguish the extent of the latter two types, the former is a major fault, the latter is a general fault. The evaluation of the illegality and the responsibility in the three-tier system is not only about the qualitative of the sin,but also the quantity of the sin,so this classification that affect the presence or absence and the size of the criminal responsibility can be more coherent and hierarchical.