Research On The Victim's Fault In The Crime Of Extortion

With the rise of victimology,the study of the fault of the victim has never been interrupted,and various theories emerge one after another.The research on the victim's fault started late in our country.At present,the consensus about the victim's fault is that the victim's fault belongs to a kind of discretionary sentencing circumstances,which can affect the criminal responsibility of the doer.However,there is no uniform standard for the application of victim fault in judicial practice,especially in the crime of extortion.There is no definite standard for how the victim fault of the crime of extortion affects and to what extent it should affect the criminal responsibility of the perpetrator.Based on racketeering sin fault on the basis of the definition of the victim,focuses on analyzing fault racketeering crime victim impact behavior person criminal responsibility according to the theory,and through to the 102 involved the victim fault extortion sentenced sample analysis,dig into our country judicial practice existence dilemma when apply the victim fault,trying to explore racketeering crime victim fault influence behavior person the way of criminal responsibility.In addition to the introduction,this paper is divided into four parts:The first part is an overview of the application of the victim's fault and existing problems in the crime of extortion.Through the analysis of the sentence samples,the distribution of the sentence of extortion crime with the victim's fault and the adoption of the victim's fault in judicial practice are understood.Then it briefly describes the problems existing in the application of the victim's fault in the trial of the crime of extortion at the present stage in China's courts,that is,the phenomenon of different judgments of the same case is common due to the inconsistency of the adopted standards for the victim's fault in the crime of extortion.The second part is the concept of blackmail crime victim fault is defined,think racketeering crime victim fault is refers to the property or life health law benefit is direct speech or mild violence threats or coerce the natural person or unit,on the basis of the psychological attitude by deliberately fault or negligence has cause or promote role for racketeering crimes happen and can affect the extortion illegal or criminal liability for the person to violate the moral behavior.The third part mainly explores the theoretical basis of the influence of the victim's fault on the criminal responsibility of the crime of extortion.This part through the analysis and comparison of the existing theory of fault,the victim as a principal theory,reduce,responsibility sharing,condemning the theory of expectation of possibility,such as understanding the defendant behavior can be said,through using interaction theory,the advantage of purpose theory of punishment,the aggressive defense principle,and combining with the nature of criminal liability and the elements of deconstruction,find out the fault racketeering crime victim impact of criminal responsibility way-extortion by influencing the actor's subjective vicious crime victim fault to influence behavior person of criminal responsibility.The fourth part puts forward the applicable suggestions of the victim's fault in the conviction and sentencing of extortion.The article proposes that in the trial of extortion cases involving the victim's fault,the judge should consider the victim's fault as a discretionary penalty case in advance;in the handling of extortion and extortion crimes,it is necessary to divide the victim's fault degree and recognize the victim's fault correlation.The relationship with the time interval of crime,and adhere to the principle of unity of subjectivity and objectivity,and prioritize the causal relationship between the victim's fault and the crime,and finally arrange and combine the three factors of the victim's fault degree,subject relationship,and interval time.Determine the impact of the victim's fault on the criminal liability of the perpetrator.