The Influence Of The Victim Fault On Sentencing

In traditional theory of criminal law,the victim's fault has not been given consideration,when the victim has a fault,it is established as a discretionary circumstance of sentencing.In fact,in some cases,crime is the result of the victim and the criminal.If the victim's behavior has a fault,it is essential for the crime.When the criminal is to the acceptance of punishment,it just considers the criminal cause.While ignoring the victim's fault element,the ruling will be unfair.As a result,in the field of the law,some scholars called for the victim as a kind of legal sentencing circumstance,making the victim's fault should have the law to abide by in judicial practice,it also avoids that the judges too much discretion,to ensure the judicial justice.A research that victim's fault impacts the sentencing,it can draw lessons from foreign legislature,foreign legislations research on theory of the victim earlier,the law is relatively perfect and mature.Due to the fault of the victim is the occurrence of crime,criminal subjective has not exist intent or negligence,criminal has a criminal attempt and carrying out criminal acts.The fault of the victim stimulates criminal,so that the two sides aggravate the dispute.It is prompted that a criminal is in the act of committing a crime,it caused harmful consequences.By analyzing three different cases,illustrating the influence of the victim's fault on criminal sentencing.In the light of theory,it is that an overview of the victim's fault is introducing the classification of victim's fault and the victim 's fault influences sentencing.