Study On Several Issues Of Criminal Victims Fault

With the advancement of governing the country according to law in our country, analysis and research on victims have been deepening. There are some problems worth studying. From the general aspects of view, the laws and regulations, especially the criminal law system in our country is still not perfect,corresponding norm of law is still new on victim’s fault. And it is often the core problem of many criminal cases because there is no corresponding legal basis and not directly decided to legal disputes. In narrow terms, our country lack of clear and specific penal stipulation on the victim’s fault. In actual criminal cases, the standard of the punishment for criminal victim is vague. Related research on some issues of criminal victim’s fault has a realistic significance for dealing with actual cases fairly and scrupulously. On the basis of the corresponding theory, Research on criminal victim’s fault analysis and explore the specifics aiming at actual cases,thus better applied to solve practical problems. This article expounds from the following three parts: The first part is analyze the theory basis and the present status of victim’s fault. Introduce the definition, characteristics, classification and specific provisions in the criminal law both at home and abroad of victim and victim’s fault. The second part analyzes and summarizes the impact of the criminal victim’s fault on the infringer’s criminal liability. Analyzes in detail and summarizes the impact of the victim’s predisposing fault on the infringer’s criminal liability in an intentional crime; the impact of the victim’s defensive fault on the infringer’s criminal liability in an intentional crime; and the impact of victim’s fault on the infringer’s criminal liability in a criminal negligence. The third part expounds the establishment and study situation of our country’s criminal law,revealing the existing loopholes of the judgement and disposal of the victim’s fault in our country and the unsound and unreasonable relevant legislative system. In addition, put forward constructive Suggestions and specific measures from three aspects as systematizing the legislation, overall thinking and specific methods.