On The Perfection Of The Legislation System Of Victim’s Fault

The traditional theory of criminal law, crime is often considered to be individual in society or country implementation of the infringement behavior, based on this understanding, the establishment of the theoretical system of criminal law is mainly to "criminal state binary pattern based, and the victim as infringement is less access to the criminal law scholars in the field. With the criminal victim state ternary mode was put forward, scholars began to pay more attention to the role of the victim in the development of the crime, fault of the victim research is no longer limited to the field of Criminology and criminal law theory and judicial practice, also began to influence on the criminal responsibility of the crime victims of role in the crime and misconduct.So it is very meaningful to study legislation of victim fault system. First of all, the legislation of victim fault system construction to further ensure accountability for the criminal responsibility of the crime of fairness and rationality, which is more comprehensive and accurate conviction and sentencing. The fault of the victim to the legislative and judicial perfection, does not mean that to increase the physical responsibility of the victim, but in order to allow the criminal law to be far from the "rigid" defects in order to be flexible. On the one hand, the "accidental" crime of criminal responsibility can be reduced; on the other hand, the fault of the victim behavior from the criminal law denied, and ultimately criminal law evaluation and regulation functions. Secondly, legislation of victim fault in system construction to safeguards the accused person’s legitimate rights and interests are not infringed, prevent the state power to civil rights over infringement, is conducive to the realization of the economy of criminal law and the modesty. In the end, it can reduce the occurrence of crime and save the judicial resources by guiding and standardizing the behavior of the victim.The main body of this paper is divided into four chapters:The first chapter by in recent years relates to the case of the fault of the victim to collect, of victim’s fault in criminal cases mentioned times, the fault of the victim is the Court adopted frequency and the impact of measurement of penalty of the mode and magnitude for statistical analysis and found victim’s fault in our country’s judicial practice exist for less, applicable to problems of non-standard. These problems are due to the lack of awareness of the victim’s fault and the lack of the traditional judicial idea and the lack of legal provisions.The second chapter summarizes the concept, classification and conditions of the victim fault in criminal law. The academic definition of the victim s fault has different views, and the victim of the concept of fault to determine the is the basic condition of the legislation of victim fault system, so in this paper, the definition of victim’s fault were re carding, that victim fault is that because the victim out of bound to lead and promote the role should be punished by criminal law negative improper behavior with intentional or grossly negligent implementation of crime of the emergence and development, the improper behavior including acts in violation of laws and morals or public order and good morals. On the basis of this concept, the application conditions of the victim fault and the type of the victim fault are defined and divided, which provides the theoretical support for the construction of the legal system of the victim fault.The third chapter discuss the fault of the victim in the criminal law of value, from the jurisprudence, Criminology and civil law and the angle of judicial practice in China for the victim’s fault is the meaning of criminal law find the basis of theory and practice. It is proved that the victim’s fault to comprehensively evaluate the behavior of criminal responsibility has a very important role. And specific value is mainly the special value of general value and influence on sentencing conviction, sentencing the general value respectively from three aspects of initiation, promotion and small influence to reflect, and the crime of special value is reflected in the justifiable defense and the traffic accident crime.The fourth chapter is the conception of the victim fault legislation system. In view of the judicial practice, the crime punishment to adapt the principle, protection of the rights of the accused, according to the value of victim’s fault in two aspects reflect, respectively from the two aspects of the conviction and sentencing of legislation of victim fault system recommendations. First is suggested to improve the legislation of the crime of causing traffic casualties and liability for sharing principle makes the victim of improper conduct responsibility to provide a legal basis, suggest an increase in Article 133 of the criminal law: "there is the fault of the victim shall be given a lighter or mitigated punishment; the victim has a serious fault, is not a crime to. The second is suggestions will be the fault of the victim from the discretionary circumstances of sentencing rise to legal sentencing circumstances, increase in Article 61 of the "criminal law": "the victim of crime has initiated should ease or lighter punishment to the criminals;, it should a lighter punishment of crime; the emergence and development of the fault of the victim of crime has smaller effect and can be a lighter punishment of crime of the crime with the promotion of the." Third, it is recommended that judicial interpretation from fault of the victim sentencing range uniform provisions, the level and extent of the victims fault influencing the measurement of amplitude of specific provisions, in order to achieve the unification of sentencing, standardized.