Research On The Legal Issue Of Subcontracting In Construction Project Of Our Country

According to the traditional criminal law theory,isolated individuals crime,that forms the dual structure system of “offender and country”?But in fact,a lot of crime is the result of interaction between the offender and victim.The victim has an irreplaceable role on the occurrence of crime or to make the results to the direction of more serious crime. Under the circumstances,the victim fault should affect to the punishment fits the crime of the offender.But because the research of the victim fault is not enough in law among the field of the theory and the practice,leads to a lot of problems in judicial practice.Just under such background, author hope that through in-depth analysis of the victim fault influence the theory basis of criterions for the conviction,on the basis of draw lessons from foreign advanced experience,intended to solve problems in the judicial practice.At the end of the article,author puts forward some suggestions about the victim fault institutionalization.This paper divides into six parts.The part one,after introduces the writing background,sums up the relevant theories both inside and outside the country and elaborates the methods of this article.The second chapter,to define the concept of the victim's fault, and put forward my views.In this paper,the victim fault that is based on the subjective intent or negligence of the crime is behavior of crime has a role in promoting.In chapter three,the author introduces and analyzes the theoretical foundation about the victim faults affect the criminal responsibility of the home and abroad.The fourth chapter,the author influences realistic reason of the victim fault influences conviction and sentencing,analyzes the problems existing in the judicial practice.In five chapter,the foreign investigation of legislation and judicature about the victim fault.In six chapter,the author put forward institutional suggestion of the victim fault.