Victims' Fault Research

For many years,the traditional theory of "criminal centered" criminal law often forget the victims.However in judicial practice,the victim is not only the object of the crime,and the occurrence of crime is often the result of the interaction between the plaintiff and defendant,the victim's fault affects the defendant's criminal responsibility to some extent.If the defendant sentencing only from the defendant's point of view to analyze the crime,ignoring the victim's fault,the result of such discretion is obviously unfair.Because there is no clear and specific provisions on the victim's fault in our current legislation,only through the judicial interpretation as the discretionary circumstances into account,thus leading to different standards in judicial practice and some judicial sentencing imbalance.In this paper,I will take two cases of Dai Bing's intentional homicide and Liu Jiakui's intentional homicide as a breakthrough,probes into the cognizance standard of the victim's fault,sums up the views of the influence of victim's fault on sentencing,and analyzes the influence of the different degree of the victim's fault on the defendant's sentencing.At the same time,I will learn from foreign legislation on the victim's fault,according to the legal status of victim's fault in China,put forward the suggestion of constructing the victim fault system,and in order to promote the judicial system more fair and complete.