Research On The Victims’ Fault’s Impact On The Criminal Liability

On January 1, 2013 implementation of criminal procedural law regulation: respecting and safeguarding human rights. In specific terms, the new criminal procedure law adds a number of protection of criminal suspects, defendants rights provisions. In the criminal law should also increase the protection of criminal suspects, defendants’ rights efforts, and how to embody the respect and protection of human rights in criminal law? That is to give the suspect, the defendant a fair trial, "the penalty for the crime, the crime of the criminal", let the people in every case have felt the judicial justice. However, as the current system of victim’s fault important sentencing is still not established, it only as a discretionary sentencing to affect the conviction and sentencing, different co contracting phenomenon often occurs, which is unfavorable for the protection of the rights of the accused, safeguard judicial justice, because this is necessary for the criminal law legal and judicial norms on the victims the fault, so that the uniform law applicable standards, sentencing justice, improve judicial credibility and authority.The theoretical problems related to the fault of the victim includes five aspects: one is to define the fault of the victim in criminal law in the context of the basic connotation, the fault of the victim in the criminal law sense and distinguish the criminological meaning theories concept on the significance of the criminal victim’s fault. Two is the requirement to clear the fault of the victim should be established, combined with domestic and foreign scholars viewpoints, need to meet the following conditions: the main body qualification, subjective intent or negligence, the behavior of "negative evaluation", the crime and the victim fault behavior association. The three is classified according to the fault behavior object, nature, extent, level of intensity on the fault of victim behavior type. Four is the criminal law function of victim’s fault, which is conducive to a correct understanding of the crime, is conducive to a comprehensive and accurate definition of criminal responsibility, is conducive to the realization of the purpose of punishment, to form correct legal thinking. Five is the legitimacy of the victims fault influencing criminal responsibility, which is the core problem of the fault of the victim, the representative responsibility said, condemned the reduced said this paper introduces and analyzes the legitimacy basis of these theories, and demonstrates the influence of criminal responsibility from different aspects, provide a useful reference for the analysis of legitimacy, but because of the lack of normative demonstration of the content of the comprehensive or demonstration methods, these theories have some deficiencies, therefore, to explore the legitimacy of the victims fault influencing criminal responsibility, criminal responsibility of nature should be combined with each other, from the moral responsibility of the social responsibility theory found in the balance point is the unity of the two, to to achieve the unity of the two is the unity of retribution and prevention, unity of punishment and prevention is based on the unified, personal danger and social risk therefore, social risk and behavior legitimacy from the behavior of the victim fault affect the criminal responsibility of the personal dangerousness study to find the basis of convincing.At the same time, the fault of the victim criminal law legal needs of overseas legislative experience, and legal provisions of the criminal law of our country, involved in the judicial interpretation of the criminal policy, organize, take the essence. Although there is evidence of the difficulty, the actual operability is not strong and other obstacles, improve the relevant legal provisions but, with the January 1, 2014 implementation of the "on the common crime sentencing guidance" on the fault of victim as sentencing of full recognition, some active exploration work is being carried out everything in good order and well arranged to improve the relevant legal provisions, be imperative, also be a trend which cannot be halted.In terms of concrete system design, the author attempts through to legalize criminal law and judicial standard applicable to protect the victim fault system. The practice of criminal legislation should be the guidance and direction, which stipulates the victim fault as legal sentencing circumstances, establish the status of the victim fault in the evaluation system of the offense, and provided the basic sentencing range. Judicial interpretation should be under the guidance of legislation, the paper expounds the victim fault established condition points, to be explicitly stipulated the legal classification, involving the victim fault more charges in the form of judicial interpretation for clear. Criminal policy in the legislation and judicial interpretation on the basis of further understanding, the implementation of the criminal policy of tempering justice with mercy, pay attention to the victim’s fault and defend the relationship and difference among the victim fault, perfect the sentencing standardization, refined, discretion standard, for example exclusion clause applicability. At the same time, to give full play to the role of guiding cases, published related cases in time, accurate guidance applies.