Fault On The Victim Impact Sentencing

Crime as a crime victim who interact with both, but in the traditional studies thickness poor, not as victims of crime because people do positive harm to society, for the victims of the research has not been taken seriously until only since the1940s to study the role of the victim in the crime developed gradually formed a victimology. As our country by the prosecution doctrine and "State-the perpetrator," the impact of the dual structure of criminal legal relations, the dominant position of the victim did not receive attention. Accordingly, the victim in the sentencing system fault status and influence has not been given due attention, just as the fault of the victim discretionary sentencing appeared in some judicial file, and not the fault of the victim to make a clear definition of the relevant issues and quantified, which gives judicial practice has brought about tremendous problem. Based on the fault of the victim to sort out relevant content, based on the research of scholars, combining judicial practice, the fault of the victim in sentencing some problems are analyzed, and put forward some legislative proposals to try to make the victim by the discretionary sentencing rising fault the statutory plot, perfect victim fault in sentencing practice some deficiencies, maintaining harmonious socialist legal system fairness and justice.This paper is divided into four parts, mainly around the fault of the victim impact sentencing issues were discussed.Part I:Victim Related Issues. Firstly, the criminal law on the meaning of the victim and other doctrines of the victim to distinguish between the meaning of the concept of victim restricted due to specific criminal acts directly against the legal interests and thus directly exposed to physical or mental impairment loss of a natural person, and thus the country, legal as well as indirect victims of these concepts exclude criminal law sense of the meaning of the victim outside. In the clear meaning of the victims of this study, the author and from the subjective and objective aspects of the victim have been violated and to analyze the characteristics of the victim, through the analysis on the characteristics of the victim, the victim further fault of this article defines the concept of the core, and through examples of analysis victim at fault characteristics and academia on victims by type of fault, the fault is divided into acts proposed crime victim awareness contributed to crime victims fault occurred and harm results to boost victims fault types. In this section of the distal, the nature of the fault of the victims are discussed, clarified the nature of the fault of the victim would affect sentencing. Through the fault of the victim-related issues discussed at fault for the victims of this study on the impact of sentencing provides a conceptual basisPart II:Victims fault affecting the theoretical basis for sentencing. Impact on victims fault current sentencing rationale wheel has a lot of which to speak of shared responsibility and condemnation said the most influential reduced. By the author of the theory of shared responsibility and condemnation reduced combing theory and assessment, presented some of his own view that the two theories are from different angles reveals the fault of the victim impact sentencing under, two theories have their own characteristics and complement each other but at the same time, there are also two theories certain deficiencies. The author believes that only speak of shared responsibility and condemnation reduced to say two theories together a complete description of the victim offender criminal offense under the influence. I try to combine the subjective and objective way, the absorption of shared responsibility theory and the theory of condemnation reduce the core content, drawing on theories from the victim and the criminal offense against the consequences of human behavior and the occurrence of a causal relationship demonstrates both the victim impact sentencing fault basis.Part III:Victim at fault in our sentencing importance of status and problems. The author first analyzes the fault of the victim in the importance of sentencing, combined with China’ s current judicial situation, pointing out that the victim at fault in judicial practice as well as some of the problems that exist in our sentencing the defendant at fault as the negative impact of discretionary circumstances exist. By analyzing the author believes that China should pay attention to the fault in the victim’s status in criminal sentencing and elaborated by the victim at fault in our discretionary sentencing into a statutory sentencing can bring positive significance.Part Ⅳ:legislative proposal on victims fault. I learn from Western countries through the fault of the victim on the statutory legislative and judicial instance, to analyze the rational approach combined with China’s actual conditions, make some mistakes legalizing the victim viable proposal. I believe that the fault of the victim should be increased by a discretionary sentencing as legal circumstances, and with reference to some good practices abroad, in our existing criminal justice system, the use of the total, the combination of sub-models to be specified. Through the improvement of relevant judicial interpretations, the presence of specific offenses in sentencing victims fault for quantitative guidance norms conducive to judicial practice, to achieve the purpose of maintaining justice.