Research On Victim’s Fault In Domestic Violence Crime

In today’s criminal law theory, when inspecting criminal cases, we also focuse on criminal behavior, but the attention of the other party to the victim is less, and on the criminal penalties, we usually according to the single mode shape of "countries-criminal". Today, we also get to know more and more cases that appeared a lot of the victim’s own fault, in some interactive obvious crime, especially in domestic, the proportion of the victim fault is rising. But in the field of domestic violence crime, scholars mainly focused on the psychology, sociology, etc. and in the legal level, mainly on the civil law rules and regulations. Criminal legislation there is a vacuum, and during the criminal trial practice, because the judge’s at discretion is bigger, somtimes neglecting the particularity of family violence crimes, so much so that the victim fault problems just as discretion consider even into nonconsideration.In March 2015, the Supreme People’s Court has issued 《The opinions on family violence crimes according to the law》, first defining the victim’s fault in domestic violence crime influencing criminal responsibility. But the opinions of the victim fault there are still some problem, for example, the relevant provisions of the control-determine the identity of the positioning result in its trial for the optional. The problem exist some negative. Firstly, it is not conducive to the establishment of judicial decision authority and dignity of maintenance; secondly, that is unfavorable to the victim from the event in the reflection on their own fault; thirdly, it is not effective too realize the criterions for the conviction of the criminal law and ensure the defendants’ human rights. Fault as a result, this article will have consider the meaning of the criminal law of the victim into the criminal responsibility of family violence criminal appraisal system, defining the recognition conditions of the victim’s fault, and clarify the relationship between the victim’s fault and criminal responsibility, so seeking the victim’s fault correctly position in the field of domestic violence crime, furtherly providing some beneficial reference for judicial practice in our country.The first chapter mainly analyzes the victim’s fault theory according to crime interaction theory, and clears the important value of the victim’s fauclt in a domestic violence crime, so as to lay a foundation for this article. In this chapter, based on a brief overview of the victim’s fault theory, defines the "victim" and "the victim’s fault", and familiar with some theories which affect the criminal responsibility, so that we can systematically generalize the criminal law of the victim’s fault. The second chapter focuses on the victim’s fault current applicable status of domestic violence crime in our country, this is one of the focus of this article. The first quarter mainly introduce the theory of domestic violence crime, and clarify the subject of domestic violence, the violence. Clearing the specific category provide certain basis on the victim fault behavior types and conditions. The second quarter emphatically analyzes the status of victim’s fault in Chinese legislation about domestic violence crimes, and clears the victim’s fault currently lack of theprofessional legislation. The third quarter analyzes the judicial practice of the victim’s fault in domestic violence crime by collecting 235 cases. Also, clearing the victim’s fault exists some problem, so as the fuzziness of application and uncertainty of measurement of penalty.The third chapter through carding the victim’s fault related laws and regulations of foreign, mainly aiming at clearing the use of law and the judicial practice of the victim’s fault in the two legal systems that in the field of domestic violence, further seeking the present situation and existing problems of victim’s fault applied in the field of domestic violence crime from abroad and regional regulations. Of course, we also can’t copy blindly. must be combined with the actual situation in our country to draw lessons from selectively.The fourth chapter based on the above three chapters, mainly clarifying the victim’s fault perfect feasibility Suggestions of domestic violence in China system. The first quarter analyzes the relationship between victim’s fault and justifiable defence, clearing the concrete determination conditions when using in domestic violence crime. The second quarter focuses on the perfection of legislation about domestic violence crime, building the ternary evaluation mode which including national- actor- the victim of criminal legal relation to redefine the status of the victim fault in criminal legislation system. Section 3 clears the judicial practice guidance of domestic violence crime victim’s fault, through standardized perform the sentencing guidelines, guidance of typical cases and issued a judicial interpretation, so as to provide operational advice.