The Anomie And Regulation Of The Victim Fault Identification In Criminal Justice

At present,in the judicial practice,in some interaction between the victim and the defendant in a criminal case,the victim's fault is a regular application of the discretionary circumstances of sentencing,such as intentional injury,intentional homicide cases.Considering the fault of the victim in criminal justice,is conducive to the accurate conviction and sentencing of the defendant,more equitable protection the defendant's legitimate rights and interests,to achieve social fairness and justice.The judicial practice due to the fault of the victim is no uniform standard,great authority,all over the court discretion of judges,each judge is not uniform on the victim's fault.For the reason,in addition to China's emphasis on combat and punish criminal justice Read the need to change,mainly lies in the accurate application of the fault of the victim has certain difficulty.Therefore,it is necessary to investigate the identification standard of the victim's fault and standardization.Based on related theory of crime victim's fault influence,based on the concept of the victim's fault,put forward to perfect the relevant legislation,clear standards of victim's fault,and the unified principles applicable in judicial practice,so as to promote the recognition,the fault of the victim is unified,realizing judicial fairness,enhance the credibility of the judiciary.The main content of this paper is divided into four parts: the first part(the second chapter): an overview of the victim fault from the criminal law focuses on the victim's concept,the concept and types of the fault of the victim,the victim's fault analysis elements of the establishment.In the second part(the third chapter):Interpretation of victims fault influencing conviction and sentencing.From the responsibility that condemned the reduced said,looking forward to possibility of the theoretical analysis of the fault of the victim can affect the perpetrator of criminal responsibility,and put forward the internal structure of criminal responsibility based interpretation approach.The third part(the fourth chapter): victims fault identification and punishment for the anomie from.The two aspects of the legislative and judicial interpretation of victim fault for anomie.And the analysis of China's victims had missed the reason of fan.Lay the foundation for the further regulation of the route.The fourth part(the fifth chapter): the regulations for fault identification and punishment.This paper introduces the extraterritorial legislation of victims fault,make clear the fault of the victim from the legislation on the standard and effect of sentencing in criminal judicial practice;the uniform application of this plot standard;establish the quantitative analysis model of the victim's fault degree.