On The Impact Of Victim's Fault On Sentencing

In many cases,crimes and victims are an interactive process,in which there is not only the conflict relationship between the offender and the country,but also the tension between the offender and the victim,the latter being the first.However,the traditional criminal law theory artificially separates the criminal and criminal behavior from the interactive relationship and evaluates them in isolation,which is bound to ignore some factors influencing the sentencing of the criminal,such as the fault of the victim,the promise of the victim and the duty of care of the victim.It is necessary to consider these factors if proper sentencing are to be achieved.This paper discusses the influence of the victim's fault on the sentencing of the perpetrator.The first chapter tries to define the victim in the criminal substantive law on the basis of the comprehensive analysis of the concept of the victim's fault.The victim in the victim's fault refers to the person who,in turn,infringes on the interests of others due to his or her own illegal and criminal behavior.The fault of the alleged victim,that is,the crime committed by the victim,may lead to the occurrence of criminal acts or have a certain effect on the harmful results,which is under the free control of the victim's will and violates social morality,common sense or law.Combined with yu huan's case,this paper analyzesthe situation that affects the criminal's quantitative sentencing through the nature,subjectivity and intensity of the victim's fault,so as to deepen our understanding of the victim's fault situation that affects the sentencing.Chapter two elaborates the theoretical basis of how the victim's fault can affect the sentencing.In this regard,scholars at home and abroad have put forward many theories,such as the conditional principle of rights and responsibility sharing,which are both reasonable and one-sided.Based on the theoretical principles of criminal law,reducing the accountability and illegality should be a legal basis for the impact of this content on the sentencing of offenders.The third chapter analyzes the current situation and deficiencies of the victim's fault sentencing plot in China's current criminal law system,affirms the reasonable aspect of the current situation,points out the insufficient aspect,and puts forward specific improvement suggestions for the next chapter.Chapter four puts forward the necessity of legislative and judicial improvement from the positive significance of the victim's fault in sentencing,sets up and improves its establishment standard from the perspective of the victim's fault,and puts forward constructive opinions and suggestions from the standardization of judicature and legislation.From the perspective of legislation,it is suggested that the selected legislative model should be both general and specific.From theperspective of judicature,it is suggested to improve the instructional cases,judicial interpretation and sentencing opinions.Moreover,a series of problems may arise after the quantification of the victim's fault plot,such as the random expansion of the victim's fault range,are studied and analyzed.I hope this article can help our criminal law to develop in a more comprehensive,scientific and rigorous direction.