Analysis Of The Victim's Fault In The Criminal Law

The system of the criminal victim fault is still blank in our criminal code.This legislative situation has brought great challenges to the fairness and justice of the judicial discretion and co-adjudication.Therefore,the theoretical and practical circles are increasingly calling for the legalization of victims' faults.On the basis of defining the concept and classification of the victim fault,referring to the criminal legislation models of victim fault at home and abroad,this paper analyzes the conditions of its establishment and explores its theoretical origin,combining with the needs of the criminal legislation and judicial practice in our country,trying to put forward some perfect suggestions.This paper mainly includes the following seven parts:The first part is the concept of the victim fault in criminal law.After investigating the definition of the fault of the victim and determining the nature of the fault of the victim,this paper comes up with the concept of the fault of the victim in accordance with the context of our criminal law.The second part is the type of the victim fault in criminal law.This chapter focuses on the introduction on the domestic and foreign disputes about the classification of the fault of victims,then puts forward the classification models,which are suitable for our country.The third part is the Chinese and foreign investigation of the victim's fault in the criminal law.This chapter mainly introduces the civil law system,Anglo-American law system countries,Hong Kong,Macao and Taiwan region legislation status,combing the domestic criminal legislation and judicial explanatory documents.The fourth part is the theoretical basis of the victim's fault in the criminal law.This chapter combs six representative theories in the field of the victim fault research,and fully affirms the scientific nature of subjective and objective combination theory.The fifth part is the theoretical Basis of the Influence of Victims' Fault on Criminal Liability.This chapter puts forward the six core conditions for the establishment of the fault of the victim,which provides a reference for the accurate judgment of the fault of the victim.The sixth part is the judicial application of the victim's fault in the criminal law.This chapter profoundly elaborates its important value from the perspective of victim's fault affecting conviction and sentencing,and analyzes typical crimes.The seventh part is the perfect suggestion of the victim's fault in the criminal law.This chapter fully discusses the necessity and feasibility of the victim fault legislation,putting forward the legislative path and judicial improvement suggestions.