The Consideration About The Statutory Sentencing To The Victim’s Fault In China

In today’s society, people pay more and more attention to the protection of human rights,the legal status and the right of the criminals has been improved and guaranteed in certain degree. The fault of the victim has becoming a non-negligible factor in handling criminal cases. Foreign scholars have studied the fault of the victim fully, they have analyzed the impact on sentencing of the fault of the victim from different levels and they have provided a basis for statutory sentencing. In the foreign criminal laws, in General or in sub-section it is clearly defined to alleviate or lighten the punishment to the criminal if the victim has made fault. China’s legislation on victim’s fault is not specific provisions, In our country, the fault of the victim in the sentencing process belongs to the discretion of the judge’s discretionary circumstances, although in some cases, the offenders and their defense lawyers also mentioned and hoped to get lighter punishment in taking consideration of the circumstances, but the judge has a large discretionary space and the pressure from the victims and public opinion will affect sentencing. The fault of the victim is closely related to the criminal policies and systems of a country. In this paper, it analyzes the impact on sentencing from the perspective of the fault of the victim and it states from four parts:The first part is to introduce the legislations of victim’s fault and the shortcomings of the current legal. In the current provisions, there are only some judicial interpretations or judicial explanatory documents directly related to the fault of victim and there is no direct provision in the criminal law, just in some of the provisions, there reflects and contains some relevant contents. On the fault of victim related contents of attention is not enough.The second part is to discuss the necessity of statutory sentencing of the victim’s fault. It will define the scope and degree of fault and analyze the relationship between sentencing and the victim’s fault. It will state the significance of the statutory sentencing to the victim’s fault, especially the connection with other systems.The third part is to introduce some foreign legal provisions on the victim’s fault, and to summarize the relevant experiences.The fourth part is to focus on the construction of criminal victim’s fault quantity in our country. The fault of the victim sentencing suggestion is divided into "should reduce, can alleviate, shall be given a lighter, may be given a lighter" four levels. It will suggest to form the Institutionalized system and to guarantee the effective implementation mainly based on the regulation of the general provisions of the criminal and cooperated with related judicial interpretation and the provisions of the criminal procedure law.