The Research On The Moral Fault Of Criminal Victims

Due to the traditional concepts,legislative defects and other reasons,there is not a complete system about the victim's fault in our country,and there is no clear standard for reference.Among them,whether the behaviour of violating the moral code is a victim fault which should be evaluating negatively by the criminal law? Should the victim's moral fault be judged by the negative evaluation of the criminal law,is there a degree requirement? How should the victim's fault behaviour which violates the moral code affects sentencing? The process mode in the practice is different,and it is easy to cause the legal effect and the social effect of the judicial trial doubly come to nothing.This paper analyzes the victim moral fault's related questions,differentiates predecessors' points of view,explores new revelations based on the Liu's controversial case of intentional murder,in order to get deeper understanding of the victim moral fault,and be beneficial to the judicial practice.This article consists of about 26000 words,which are divided into four parts:The first part: The basic situation of this case.Including briefs,disagreements and controversies.It mainly narrates the basic case that Liu killed Yao because her spouse has been in an improper relationship with the victim Yao,summarizes the different points of whether the victim Yao's unethical behavior constitutes the victim fault of criminal law,which degree the moral fault reaches,and whether the court's sentencing of Liu is appropriate.The second part: The legal analysis of relevant issues of this case.This section focuses on the controversies of this case,including the following four questions: First of all,analyzing the basic concept and scope of the victim's fault in criminal jurisprudence,and the moral fault should be included in the scope of the victim's fault.Secondly,the general requirements and special problems of the victim's moral fault.Thirdly,the degree of moral fault of the victim,and discusses how to divide the fault degree of the victim and the method of identification.Fourth,the basis and mechanism of victim's moral fault affecting sentencing.Firstly This part reviews the the existing law of this issue,secondly it sketches the mechanism about the victim fault influencing sentencing in the existing researches,including relevant existing views,and puts forward this article's points of the mechanism.The third part: the conclusion of this case.Comprehensive jurisprudence analysis,in this case,the victim Yao's immoral conduct should be judged by the criminal law negatively,and it constitutes the victim's moral fault;Yao's moral fault reaches a significant degree,whichbelongs to the serious victim's moral fault.It is improper for the court to rule serious moral violation out the circumstances of sentencing.In this case,Liu should be given a lighter punishment and the court's sentencing was heavy.The forth part: the research enlightenment of this case.Firstly,the frequent occurrence of criminal cases involving the victim's moral fault is the manifestation of social moral dilemma.Social moral dilemmas trigger social "moral anxiety",which is often manifested as the tendency of judicial reform of social problems.On the one hand,criminal law should conform to the mainstream concept of society and major moral emotion,bridge social contradictions,relieve moral anxiety,and establish new social order.On the other hand,we should guard against the tendency of judicial reform of social problems,so as to avoid the "universal" expectation of criminal law.Secondly,we should explore the code of "standardizing law" and "non-standard law" as the way to solve social "moral anxiety".