Study On Victim’s Fault In Criminal Responsibility

Currently, western scholars have had a useful exploration to the criminal lawsignificance of victim’s fault. In some countries, the victim’s fault has become one of thestatutory circumstances affecting the offenders of criminal responsibility. In contrast,theoretical discussions of this issue are less than satisfactory in China, and it is only treatedas discretionary circumstances of measurement in justice practice. Fairness and justiceshould be the pursuit of the highest value when comments criminal responsibility, butcurrent theory and judicial practices concerning offenders their behaviors and ignoringvictim’s fault responsibility hinder the realization of this objective, and this phenomenonshould be changed. To the lack of criminal law, beginning with theory of interactionbetween inflictions and suffering injuries, this article will have a theoretical re-discussionabout victim’s fault affecting offenders’ responsibility, reference to existing researchresults and adoption of method of integration and comparison. Firstly, it will definerelevant contents of victim and victim’s fault, pointing out several theories of victim’s faultaffecting offenders’ responsibility and carrying out a deep analysis. Secondly, it will set uplegitimacy and rationality of legalization of victim’s and legislative proposals. I hope,through discussions of this article, it will promote fairness and justice in criminal law andfar better realize the principle of criminal responsibility.