The Victim’s Fault And The Impacts On The Determination Of The Defendant’s Conviction And Sentence

The contemporary criminal law Jurisprudence has been mainly focusingon centralizing criminality to assess and determine the culpability of thewrongdoer.It is a phenomenon that the victim’s wrongful conduction and hercomparative liabilities have been paid inadequate attention in criminal cases.Underlying the critical issue, this article develops the opinions and analysis. Itis aimed to find a proposition to explore the problem properly by analyzingand comparison. This article consists of4parts.Part I generally introduces the notion of victim’s liability, the elementsand types of the liability. It also mainly demonstrates the causation of theliability, and the levels of victim’s fault in the criminal law context.Part II states the varieties of theory and practice upon the criminalvictim’s liability in the homeland and overseas. Meanwhile, it explores thetwo models of theory regard to the criminal victim’s liability. It alsoprovides a number of statutory provisions in overseas and some informal(potential) provisions in the domestic legislation. Therefore, it highlights thewide-range existence of criminal victim’s liability and its realistic worthinessin criminal justice. Part III illustrates the proposition of victim’s liability in the context ofcriminal law.It stresses the impacts of the victim’s fault on the determination of thedefendant’s conviction and sentence. By collaborating three typical crimes inChina, it exams the material effects produced by the victim’s wrongful doingto the case. At the same time, it expresses the reasons that victim’s faultcannot be deemed as attendant circumstance upholding by the law in thecontext of a crime. Further more, this part also distinguishes the influences incertain types of crime where the victim’s fault affects the outcome of theadjudication.Part IV analyzes victim’s Fault and the impacts on the determination ofthe defendant’s conviction and sentence。Part IIV analyzes the legislative enactment in effective and the judicialpractice on criminal victim’s liability. Then it shows the applicability offoreign experiences into this legal phenomenon. At the end, it providesproposals to improve and develop the mechanism of criminal victim’s liabilityin the criminal justice.