The Study Of The Relationship Between The Victim's Fault And The Criminal Responsibility Of The Criminal

In the past criminal legal relationship, the concern of legislators and judicial is often put on the crime of crimes, the effects that victim 's behavior coupled with crime is limited, however, crime is the result of joint action of the offender and the victim.if we ignore blindly the problem the fault of the victim when we investigate crimes, this is unfair to the offender. With the development of criminal law theory and the judicial practice, especially the rise of the victim in the West in the West in 1940 s, the victim's fault has attracted the attention of the criminal field. Many western countries have made the victim's fault legalized. However, the victim's fault of our present legal system is just a discretionary circumstances of sentencing, and isn't set in the criminal law, and in judicial practice, the specific criteria that identify the fault of the victim is not uniform, effect of the extent of the victim fault put on the criminal responsibility of the crime is not clear so as to a serious impact on the realization of judicial justice.As a kind of ancient natural crime, crime of intentional injury is particularly common multiple in judicial practice, and because intentional injury behavior occurs that the offender and the victim is face to face as a dynamic game, the interaction between them is more obvious. Therefore, this paper is ready to take he fault of victim in the crime of intentional injury as a breakthrough, with 126 intentional injury case, to explore the effect of the fault of the victim of criminal responsibility of the crime, put forward some suggestions on perfecting the sentencing, hope to help the sentencing in case of the fault of the victim in our country.This article has about 39000 words, in addition to the introduction, is divided into the following three parts:The first part of the article discusses the status of the victims fault in the investigation case. Firstly, this paper summarizes the current situation of the identification of the victim fault in the investigation case. Then, summarizes the characteristics of the investigation in the case that the fault of the victim, including as the fault of the victim, the victim's fault is not recognized as the situation and identifying the fault of the victim is not unified.The second part of the article detailed definition the victim's fault in the intentional injury cases. Firstly, the victim's fault and the specific content and classification standard were discussed, thus the conclusion is drawn: the fault of the victim is acted by the victim, in under the domination of the will of the victim intentionally or negligently implementation for crime, development or the consequence is induced and intensified or promote was given a negative evaluation. Then combined with the concept and classification of the fault of the victim, to define the fault of victim in the case of intentional injury, finally unifies the above analysis on the fault of victim three case identification to discuss and explore the fault of the victim is reasonable and unreasonable cognizance from a theoretical point of view.The third part of the article mainly discusses the influence of the victim's fault in the case of intentional injury on the criminal liability of the criminal. Firstly, we introduce the victim's fault influencing the criminal responsibility of the crime of several theories basis; then expounds the victims fault influencing the criminal responsibility of the crime of legal basis is the fault of the victim in the domestic and foreign relevant legislation was summarized in the paper; finally, a brief analysis of the crime policy on the basis of the lenient and severe criminal policy about the victim fault influencing the criminal responsibility of. Then a concrete analysis victim fault's influence on the criminal responsibility of the crime in intentional injury cases, mainly in terms of the extent of the victim fault, to explore the extent of the victim fault on the criminal responsibility of the crime, victims fault influencing degree of factors and specific expression of the fault of the victim of crime, criminal liability. Finally, we put forward some suggestions on the intentional injury of the victim's fault in our country, including the provisions of the legislation, judicial norms and judicial interpretation to make some supplementary provisions.