Research On The Criminal Victim's Fault And Legalization

Victims' fault means the victim's actions based on intentional or negligent practices,which damage the offender's interests or social public interests,and induce,stimulate,and promote the occurrence of crimes.There are three main conditions for the victim's fault: First,the victim is the victim;second,the victim has a subjective fault;third,the victim objectively implements the wrong behavior.Among them,behavioral misconduct must have three conditions,namely,the behavior is relatively definite in time,behavior and crime are related,and the behavior needs to reach a certain degree of severity.According to-criminal law theory “illegal responsibility”,the fault of the victim can be divided into victims' faults impact of crime and illegality of the impact of crime victims' faults responsibility of each and include a pre-fault,but the fault,fault and post-induced fault,promote faults,provoke faults,etc.At present,the theoretical basis concerning the influence of victims' faults on errors is mainly the risk-based theory,the comparative fault theory,the degrading reduction theory and the expectation possibility theory.The theory of risk itself neglects the judgment of accountability,the theory of “fault of both parties” advocated by the theory of faults is not completely consistent with the concept of “injury and victimization” in the criminal law,and the theory of condemnation should be used to explain common mistakes.The impact of the victim's fault on the sentencing of the offender was slightly weak in the case.The theory of expectation of possibility did not involve the fault of the victim.Referring to the classification method of the type of victim's fault,from the perspective of illegality and accountability,it is reasonable to solve the theoretical basis of the issue of the influence of the victim's fault.Judging from the perspective of legislation,many of the criminal laws of civil law countries have relevant provisions on the issue of faults by victims.Some provisions in the General Regulations stipulate that some are stipulated in the sub-rule,others in the general principles and sub-rules;in the Anglo-American law system countries,related issues are mostly determined by the form of bills and criminal jurisprudence;In the Taiwan region,a combination of total scores has been adopted,and provisions have been made for victims' faults in the general principles and subsections of criminal law.In practice,the main fault of the Victims exposed two issues: First,China's criminal law is not clear and specific provisions regarding the fault of the victim,resulting in the victims' faults affect how sentencing and victims' faults affect sentencing lack of legal basis.Second,the inconsistency of standards and the concept of traditional heavy punishment and the media's intervention in the administration of justice have led to difficulties in the punishment of the judiciary.Therefore,statutoryizing the fault of the victim will not only help realize the standardization of justice,but also help to achieve the guilt and punishment,and at the same time help prevent the occurrence of the victim.In the design of the system,should also insist on determining the victim should not be too wide range of fault and the fault of the victim should not be prescribed too small two principles,adding a paragraph in Article 61 of the “Criminal Law”: “for the victim to crime,development and harm results at fault,it can be lighter or mitigated punishment;the victim of a serious fault,should be given a lighter or mitigated punishment”.At the same time,it should be enacted in the form of judicial interpretation and sentencing guidance to supplement the provisions in order to achieve the unity and operability of the application of justice.