The Influence Of The Victim’s Fault On The Conviction And Sentencing Of The Crime Of Traffic Accident

Victims in the crime of traffic accidents are distinguished from victims in criminology,civil law,and procedural law.They refer to natural persons and organizations(including countries)that have suffered direct violations of legal interests due to violations of criminal laws and regulations on traffic accidents.Although it is meaningless to explore the impact of the country’s fault on conviction and sentencing,but in the crime of traffic accidents,the state can become a victim of property rights,and thus the state is also a part of the criminal victim.The identification of the fault of a criminal victim requires four conditions,namely,subject,behavior,cause and effect,and degree.The fault of the victim in the crime of traffic accident belongs to the type of fault of the victim involved in the crime.The conditions for its establishment include three conditions besides the subject: first,the victim carries out the fault behavior with the normative evaluation significance;second,the victim’s fault behavior achieves To a certain extent;Third,the crime of traffic accidents between the victim’s fault and the perpetrator has certain relevance to the occurrence of the damage result.The theoretical basis for the conviction and sentencing of crimes affecting the crime of traffic accidents by the academic community includes the theory of responsibility sharing,the theory of expectations,the theory of the possibility of condemnation,and the theory of self-responsibility.The theoretical foundation of this paper award influencing conviction and sentencing comes down to the principle of trust.The principle of trust is the theoretical basis for the allocation of duty to both sides of the traffic behavior.Victims’ faults affect the duty of care,thereby affecting the conviction and sentencing of crimes.According to the generalist view,the content of the duty of care includes the result foresight obligation and the result avoidance obligation.Victims’ faults affect the conviction and sentencing of the crime of traffic accidents mainly through two paths: First,the possibility of predicting the outcome is foreseen so that the possibility of foreseeing is reduced or even eliminated,so as to realize the impact on conviction and sentencing;second,there is no impact on the outcome prediction.The possibility,but directly affect the result of the avoidance of obligations,when the victim’s fault behavior leads to reduced likelihood of avoidance of the results,or even eliminate,it will affect the conviction sentencing.Therefore,in the traffic accident case where the victim is at fault,in addition to considering subjective elements and objective elements,the author also considers the influence of the victim’s fault on conviction and sentencing in order to make the criminal responsibility more scientific.