The Study Of The Meaning Of The Victim's Fault Criminal Law

In our country is not on the victim's fault in the current penal code expresslyprovided,otherwise, only in the judicial practice as a discretionary sentencing plot.Although the victim fault has caused paid attention to by the theoretical circle andjudicial practical departments, but also just stay in the level of theoretical research,not formed a authoritative theory, also does not have a unified standard in the judicialpractice, in that the victim fault case is difficult. As a result, the victim fault as astatutory sentencing plot expressly stipulated in the penal code is a problem urgentlyto be solved in the theoretical circle and judicial practical departments.In this paper,the significance of the criminal law the victim fault study, the hope can cause theattention of criminal law educational world to the problem of the victim's fault,expand the research field of criminal jurisprudence theory, at the same time, also wantto handle the victim's fault in the judicial practice case, considering the victim faultplays a role in crime, the criminal conviction sentencing correctly. This article alsomentions some advice to the legislation of the victim's fault, although just someshallow understanding, just want to after the victim fault legislation to provide a little.The dissertation includes three chapters:The first part is about the victim fault related concept in China were reviewed.First of all, the comparative analysis of criminology, criminal procedural law andpunishment law and other disciplines in the field of the definition of the concept ofthe victim, and puts forward the concept of the victim in this paper, and furtherresearch and analysis the concept of the victim's fault. Secondly, from the main bodyof the victim's fault, fault the main objective of the victim, the victim fault timedeterministic fault, the correlation of the victim and the victim fault to achieve acertain degree of five aspects analyzes the fault characteristics of the victim, andclassify the victim's fault. Finally, this paper summarizes the victim fault affect theconviction and sentencing of significance in the field of criminal jurisprudence.The second part of the victim's fault is the basis of meaning of criminal law. Thevictim fault basis in the field of criminal law is divided into theoretical basis and specification. First of all, the study analyzes the meaning of criminal law theory athome and abroad about the victim fault according to the related theory: liability theory,the theory, the subjective and objective and reduction and condemning the theory, andthe theory of anticipated possibility to reduce a self theory, and put forward theprotection benefit theory of penalty purpose. Second, lists the relevant victim faultabroad legislative experience, respectively from two part of continental law systemand Anglo-American law system is analyzed.The third part of the victim's fault is applicable in the question and the solutionsuggestion. From two aspects of legal norms and judicial practice, analyzes theproblems of the victim fault in applicable. From two aspects of legislation and judicialpractice and put forward Suggestions to improve it.