The Impact Of The Victim's Fault On The Conviction And Sentencing

In traditional criminal law theory,offender has been defined as the center of criminal research.The crime is studied by analyzing the subjective attitude and objective behavior of the offenders.After the crime,everyone’s attention is focused on the offenders,leaving the victims in a totally passive position.However,crime is an interaction.There exists an interaction between the offender and the victim.The victim is a positive subject rather than a passive one.His actions can influence or even lead to the offender’s crime.There is little research on the behavior of victim in criminal law,and the research on the victim’s fault is not systematic.The study on the fault of the victim in the criminal law is aimed at constructing a standardized evaluation system that affects the criminal responsibility.It is the promotion and perfection of the existing evaluation system to evaluate the victim who has fault,in order to reflect the criminal responsibility of the criminal more justly.Chapter Ⅰ describes the research background,research significance,domestic and foreign literature review and research methods.Chapter Ⅱ elaborates the scope of the victim and the concept of thevictim’sfault,it also discusses the establishing conditions for the victim’s fault.The victim refers to the person who commits an act of aggression against other people because of his own fault or the violation of the law;victim’s fault refers to the acts which contrary to social ethics or illegal behavior committed by the victim and can lead to the commission of criminal behavior or to the harmful consequences.In addition,it reveals the conditions of the establishment of victim’s fault,including the subjective elements,the behavioral requirements and the extent condition.At the same time,it requires the victim’s fault has a causal relationship with the criminal act and the harmful result.Chapter Ⅲ discusses the related theory of the victim’s fault,introduces the domestic and foreign regulations about the victim’s fault behavior,makes a comparative summary and analyzes the effect on the victim’s fault behavior on the basis of the theory: the shared responsibility doctrine,the offenders culpability mitigated,theory of the anticipated possibility and the theory of subjective and objective combination.This article analyzes the victim’s fault on the conviction and sentencing by the theory of subjective and objective combination.Chapter Ⅳ elaborates the application situation of the victim’s fault.Through the legislation and judicial practice in Germany,Russia,Italy,Switzerland and other countries,it elaborates the significance of the victim’s fault on the conviction and sentencing,and then analyzes the related judicial interpretation and the applicable problems in our country,indicating that our country is in urgent need of legalizing the circumstances of the victim’s fault.Chapter Ⅴ analyzes the significance of the victim’s fault in the crime ofconviction and sentencing,this chapter is about that the victim’s fault can make different between illegal detention and kidnap,rob the gambling and the robbery.It expounds the influence of victim’s fault on the crime.Through the discussion of typical crime,this article studies the impact of victim’s fault on conviction and sentencing.Chapter Ⅵ clarifies the necessity and legislative proposal of the victim’s fault in our country.After introducing and analyzing the necessity of the legalization of the victim’s fault circumstances,the author puts forward some suggestions in the general principles of criminal law and specific provisions to discuss the victims’ fault.On the judicial aspect,it is suggested to improve the judicial interpretation,sentencing opinions and guiding cases.There may be problems of the scope of the victim’s fault and abuse of judicial power.