Research On The Fault Of Victim

In the traditional theory of criminal law,crime has always been regarded as an individual against society or the implementation of state violations.Beccaria,a criminal jurist,puts forward that "the real measure of crime is the harm of crime to society."".Based on this understanding,the theoretical system of criminal law is based on "criminal state" two element structure,and suffered the actual damage of the victim is often regarded as the object of the crime of the carrier object under the category of crime,is difficult to really enter into the field of criminal law scholars.The rise of the victim's rights movement on the mid century with more victims in the field of criminal law procedural or substantive right,but unilaterally emphasizes the victim protection has led to severe punishment trend.Therefore,it is extremely necessary to examine the victim in the criminal law,especially the victim who has the fault.As a criminal case,the crime of rape is usually closely related to the interaction between the perpetrator and the victim.A lot of factors existing in the fault of the victim in rape cases affect the final conviction and sentencing,and the administration of justice in our country are lack of corresponding attention and recognition,the criminal investigation stage does not concern the victims fault evidence collection.To some extent,sometimes men are the "weak"in rape cases".Therefore,this article through the empirical analysis of the judicial judgment of the rape case,summarizes the types of the victim's fault and the influence on the conviction and sentencing.Based on the empirical analysis,the rape victim qualitative classification,according to the degree of control of the perpetrators and victims of crime results in the dynamic interaction process in the perpetrator of criminal responsibility,and puts forward some suggestions for China's current judicial practice and future legislative regulation.