The Evaluation Of Victim’s Fault Within Theories Of Criminal Law

Two aspects of the crime and victim is a complete crime, just like the two sides of a coin,it was a crime that had victim, can not be detachment from watching。Under the common role of the victim and criminal,the final result of a crime happened.In the whole criminal formation process of the victim’s fault plays a vital role. The victim’s fault is prompting crime in many criminal cases occurred and caused the results of the most important factors in crime. There’s no doubt that only punish the criminal were biased, neglect the victim’s fault will cause the fair result. Thus,bound to lead to intensified the social contradictions, rather than resolve social conflicts.In some cases the victim fault and carries on the evaluation of the criminal law, The victim’s fault of crime result forces into the evaluation scope is of great necessity, based on the severity of the fault behavior for consideration.The victim’s fault in criminal law as a discretionary sentencing plot and in company with many other factors, did not form a unified measure standards yet.Under this situation, makes the victim’s fault factor is struggling in the judicial practice. This will lead to the same type of case is not originally should be the same and reasonable assessment, about the victim’s fault impact on the evaluation of the criminal law,Specific problem specific analysis combined with the specific situation, besides, the influence degree of various factors on the criminal also is not entirely the same, should not be equally measured。As a kind of can be evaluation consideration factor of the criminal law the victim’s fault, the criminal law evaluation of criminal play its proper role, this effect can be divided into criterion of criminal elements formed or not, under the premise of further said that if the establishment of the crime criminal law can be reduce the lighter criminal evaluation factor.In this paper, first of all, is a basic part of the fault of the victim is discussed. Then this paper expounds the influential sentencing and the theoretical basis of the origin, Responsibility Sharing theory, Condemnable Reduction theory, the Anticipated Possibility and Self-Culpability of Victims theory listed, illustrates the basis and parsing.The status of the impact on the victim’s fault for evaluation of criminal law, meanwhile cohabitancy for criminal victim’s fault evaluation, the influence of the criminal law the influence can be divided into to determine charges and how to rule to criminal punishment.The victim’s fault a factor to consider is the missing part in domestic criminal lawo On the basis of combining the situation of our country’s actual draw lessons from foreign advanced experience of legislation and practice, to make our country criminal law more perfect. The effect of the victim fault must play as a discretionary sentencing plot, however, because of its difficult to find its trace in the criminal law system, the role in practice is also limited. This kind of situation is the adverse consequences of delinquents might not fair sentencing, the basic function of the criminal law is to guarantee the basic human rights, therefore should be urgent imperative to change the injustice situation, so the victim’s fault impact on the evaluation set of the criminal law is not tautological.The last part of this paper, at the legislative level, Should adopt the legislation mode of general principle and specifics, make sentencing judge modification Suggestions, in general terms about the victim fault should increase in the specific provisions specific charges, to process specific case is the victim of injustice. And apply to defects resulting from the victim fault are discussed in this paper, in order to promote the development and the perfection of the victim’s fault.