On The Influence Of Victim’s Fault On Sentencing

The traditional penalty system of our country is the criminal element structur with the core of criminal,in the criminal cases of the existenceof the victim fault,judicial organs in the investigat ion, evidence search and the referee process, the victim’s rights and interests of the victims of the punishment as the focus of the whole case,often ignore the victim’s subjective status.And plot of victim’s fault only as implied a discretionary circumstances of sentencing in our criminal laws and judicial interpretation of the relevant provisions.With the continuous development of criminology and victimology, rights and interests of the victim to rediscover has gradually become a trend,which on the research of the fault of the victim in the penalty function and value produced positive significance.From the point of view ofthennallocation of criminal responsibility, criminal subjecte malignant and social harm of criminal responsibility to the sentencing judge has a decisive role,and victim fault behavior can stimulate and lead to violations of the function, which weakened the person who commits a crime shall be governed by the condemnation, reduce the criminal responsibility of the person who commits a crime.Therefore, in judicial practice should fully grasp the case,full attention function of the fault of the victim in the case, objective and reasonable evaluation of perpetrator and victim shared responsibility, to highlight the judicial fairness.In this paper, first of all, in the field of criminal law, the word "victim" introduce the victim fault, respectively, the concept, classification, characteristics of the victim fault,Then from the theory of distribution of burden,deserving condemnation reduction theory, "the right limit" theory and the theory of anticipated possibility in four aspects of sentencing theoretical basis for classification is introduced, and for four with representative theory, comment on.Then in the third chapter, it discusses the legislative status of the victim’s fault and its status in the penalty system,and makes an empirical analysis of the three typical cases.Finally through the introduction of relevant egislation situation in foreign countries, expounds the the rise of the victim’s fault for the necessity of the legal circumstance for sentencing, and from two aspects of legislation and judicial to improve, withtherationalization proposals are put forward in the end.