Research On Victim's Fault's Influence On The Defendant's Criminal Imputation

In the 1940 s,with the gradual rise of victim learning,the victim's fault entered the field of Western criminal law,and scholars began to pay attention to the influence and shaping of the victim's fault on the criminal.China's research on victim's fault started late,although the victim's fault was mentioned in the “National Court's Summary of the Symposium on Maintaining Rural Stabilization Criminal Trial Work” in 1999 and the 2009 People's Court Sentencing Guidance Opinion(Trial).The impact of the criminal responsibility on the accused in the crime was only based on the discretionary sentencing circumstances,and did not explain what the victim was at fault.So far,the system of the victim's fault has affected the criminal liability of the accused.Correspondingly,in the judicial practice of our country,the victim's faulty plot appears frequently,and the faulty appearance is complicated.The discretionary criminal sentiment in the trial is either shelved or adopted without rules,resulting in “similar plots”.The situation of "different judgments" was staged,which seriously led to a serious disconnect between legislation and justice.In view of this,it is imperative to conduct an in-depth study of the victim's fault and to construct a system in which the victim's fault is included in the criminal liability of the defendant.The victim's fault is the behavior of the victim's negative evaluation of social norms under the control of subjective mentality,and the behavior induces criminal behavior or intervenes in the criminal process,resulting in more serious harm results.Incorporating the victim's fault into the criminal blame of the defendant requires a type analysis of the victim's fault to distinguish the behavior of different types of victim's fault in practice and how it affects the defendant's criminal behavior or the result of the harm.Based on this,this article uses the "subjective mentality at fault" and "the stage of victim's fault to intervene in the criminal process" as the two criteria to classify the victim's fault.On this basis,the victim's fault is explored to influence the defendant.The extent of criminal responsibility.Through the type analysis of the victim's fault,the system design that affects the defendant's criminal blame is realized,which provides clear judicial guidance for the victim's fault to be included in the criminal blame of the defendant.