Legalization Of The Victim's Faulty Circumstances

In the meaning of Criminal Law,the victim fault refers to the conduct of the victim which has direct or indirect relation of the implementation of crime and the crime, and shall conduct legal disapproval by law. After the Second World War, the victims' learning is gradually rising, and it has been reflected in the legislation of criminal law in various countries. The victim learning of our country starts late, the legislation also lags behind other countries, only in the judicial interpretation is involved. However, in our country a large number of criminal cases apply widely the victim fault to reduce penalty sentencing, which caused a serious discrepancy between legislation and judicature, so the legalization of victim fault as the legal circumstance for sentencing is imperative. In this paper after the theoretical basis for the fault of the victim, dig dilemma in theory and judicial practice in our country to explore foreign about the legislation of victim's fault after the beneficial legislation reference, this paper analysis victims fault influencing the measurement of criminal law is the main from the fault of the victim of crime criminal responsibility, subjective and personal danger of analysis, finally, analyses the fault of the victim legal circumstances of.Except for the introduction, this article falls into four parts:The first part is an outline of the basic concept of the victim's fault and the legislative status and Judicial Dilemma of the victim fault system in China. This part presents from the angle of the victim, firstly, and then introduce the victim fault system, which starts from the concept of further refinement to the small concept as the logical process. Through the investigation of the legislative status and Judicial Dilemma, it concludes that it is necessary to establish the legal system of the victim's fault.The second part is the investigation of the legislation of the victim fault plot. This part first introduced the definition and the influence of the conviction andsentencing of victim's fault in the national criminal laws of different legal systems, followed by the summary of the analysis of the national legislation,and we can see that some countries only regulate in the general provisions of criminal law, some countries in the specific provisions of criminal law, some countries not only in the general provisions of criminal law, and in crimes such as homicide and injury to be provided.The third part is about the theory of the victim fault. After the first of the plot of victim's fault for scientific classification, analysis plot of victim's fault in the sense of criminal law, namely to the criminal responsibility of the perpetrator of impact and extent, and finally according to the analysis of the fault of the victim theory of plot.The fourth part puts forward the basic idea of the legal system of the victim's fault, from the necessity analysis, and then constructs the victim fault system in our country from the constitutive requirements and the legislative and judicial point of view. Start from the general principles of criminal law adding with the corresponding provisions, secondly coordinated by the judicature, to reflect consideration of the plot of victim's fault from the investigation to review the prosecution to the trial and execution.