The Theory Of The Victim Fault

Our country’s criminal law has established appropriate to the principle of crimepunishment, and the principle of real implementation is dependent on the criminaljustice to the principle of proper and accurate. For how to accommodaterepresentational judicialization is to realize the real path to justice. In the process ofcriminal offense, the victim’s behavior to a certain extent, is a fundamental role inthe nature of crime affects the whole. Such as justifiable defense and based on thepromise of the victim behavior is a kind of typical performance of criminal law. Butin standard punishment law, the offender behavior is often considered to constitutethe crime and the perpetrators of criminal responsibility is the decisive and theexclusive status and role, and the behavior of the victim or its in its position andfunction of the crime, but only a kind of identified as discretionary sentencing plot.The notion is essentially for the one-sided understanding of criminal law, also deniedthe victim behavior for recognized the significance of criminal law and crime, is notconducive to fit for the principle of judicial application.The cause of the above phenomenon, both legal theory understanding deviation,there is also not clear on the legislation and practice of theoretical disputes and casesfor a long time can not get effective solution, caused to the victim’s fault in thejudicial practice that there is confusion, the specification for the victim faultpunishment law of the system status also has deficiencies and uncertain. Therefore,research on this question, to fit for the principle of judicial application for accuratelydetermining the nature of the fault, the victim, for fair judicial discretion has greattheoretical significance and practical significance. This article embarks from thepractice of relevant cases, adopt the method of case analysis combined withtheoretical analysis, the analysis for the fault of the victim, investigation into thenormative system of the criminal law is the victim fault mode, in order to better playthe victim fault in the judicial application function, help to its into the evaluationsystem of criminal responsibility...