The Positive Analysis Of The Influence Of The Victim's Fault On The Sentencing

Victim science has gradually occupied an important position in criminal law,and the traditional criminal law system has been changed because of the rise and development of victim science.The three-dimensional structure of the criminal law system has been recognized by the academic circles,and the victim's role in judicial practice has been paid more and more attention.From the angle of criminal law,it is not only beneficial to prevent crime,but also to promote the development of sentencing to justice and rationality by studying the fault of the victim,restoring the original features of the crime and making clear the responsibility of the victim's fault.First of all,starting with the overview of the victim and his fault,this paper clarifies the source of the interpretation of the victim,and expounds the differences in the scope of the victim because of the difference in the scope and emphasis of the study of the theory from the perspective of criminology and criminal law.From the judicial judgment,get the judge's own definition of the victim's fault in the criminal law.Secondly,through the empirical analysis,from the ancient laws and decrees of our country,the provisions about the victim's fault were discovered,and the representative "adulterous non-law" law was selected to fit the intentional murder cases caused by cheating in the modern marriage and family.In order to acquire the wisdom of ancient laws and decrees.Through questionnaire survey,we can get the public's fault to the victim.Cognitive level and emotional tendency.Combined with149 judicial decisions,the adoption of the victim's fault in the judicial decision and the impact on the offender's sentencing were obtained.On the basis of comments on the theory of the victim's fault,this paper puts forward an advocacy of a comprehensive theory.Finally,it makes the necessity and feasibility analysis for the choice of the fault legalization of the victim in our country,and explores the way which accords with the criminal law mode of our country.