The Research On Victim's Fault's Influence On Criminal Liability

A large number of theoretical studies and speculative arguments to the victims conducted by crime victim's studies,as well as the interactive theory of the victim studies reveal a fact that in some crimes,the victims are not as innocent as the people think,but in the generation and development of the crime,they play a positive role of initiation,participation,promotion,etc.It is the victim 's fault or the victim's responsibility.At present,the legalization of the victim's fault is the common voice of the academic community,and it also meets the urgent need of judicial practice.The victim's fault in the sense of criminal law is the victim's wrongful behavior with intentional,negligent or unconscious condemnation,which promotes the occurrence and development of the crime,which should be negatively evaluated and can affect the criminal who should be condemned.To establish the victim's fault,the wrongful behavior of the victim should be negatively evaluated,the fault behavior should be related to the process of the crime,and the victim's fault must reach the degree which affects the offender condemned.The effect of the victim's fault on the criminal responsibility can be discussed from two aspects of theory and practice: the justifiable basis of the criminal liability of the victim's fault is mainly reflected as follows.From the reason,the fault of the victim leads to the occurrence of the crime;in consequence,the victim's fault relieves the society harmfulness of the crime.From the point of responsibility,victim's fault mitigates the degree of condemnation of the offender.In practice,the impact of the victim's fault on criminal responsibility is mainly the impact on conviction and sentencing.The fault of the victim affects the conviction,mainly considering whether the offender's behavior can be identified as a significant minor plot or affect the fault degree of the victim in the crime.Besides,the justifiable defense can be established to influence the conviction of the crime and non crime.On the other hand,it also influences the nature of crime.The victim's fault is mainly affect the subjective aspect of the offender's and the criminal motivation required by some crimes,thereby affecting the criminal behavior and distinguishing this crime and he sin.The influence of the victim's fault on sentencing can be manifested as the exemption,lighten and lighter punishment of the victim's fault in combination with specific cases.The exemption is the maximum leniency punishment for the offender,therefore the victim's fault is required to be set up,and the crime plot is slight;the lighten is mainly based on the extent of the victim's fault and the specific influence on the crime,then determining the specific extent of the leniency.At present,the legalization of victim's fault is very necessary.It can be divided into two levels.One is that the victim's fault plot is going to be stipulated in the general provisions of t he criminal law,and the two is to guide and explain the specific application of victim 's fault by sentencing guidance and guiding cases.