Study On The Normative Application Of The Victim's Fault Circumstances In Intentional Injury Cases

The theory of victimology,which originated in the middle of the 20 th century,reveals the interactive relationship between most crimes,which provides help for the development of the theory of criminal law.The victim's fault behavior will have an impact on the criminal penalty amount,which is the product of the combination of victimology and criminal law theory.In order to realize the comprehensive evaluation of the criminal,it is necessary to pay attention to the victim's fault.The crime of intentional injury is a typical interactive crime,and the interaction between the parties is very complex and changeable.The victim's fault plot also presents a tendency of frequent occurrence in the case of intentional injury.The study on the application of the victim's fault plot in the case of intentional injury can show the true appearance of the victim's fault plot in judicial practice.This article analyzes 771 cases of intentional injury related to the victim's fault.This article combines the normative documents related to the victim's fault and references the literature.By analyzing the problems in application,this paper explores the concept and normative reasons leading to application anomalism,and finally puts forward Suggestions on the standardized application of the victim's fault circumstances in intentional injury cases,so as to realize the fair penalty discretion.In addition to the introduction,this paper is divided into three parts.The first part is about the current situation and problems of the application of the fault plot of the victim in the intentional injury case.This part sorted out and analyzed the first trial judgment of 771 cases of intentional injury cases in which the fault of the victim was mentioned from 2014 to 2017.Through the statistics of the presentation and identification of the victim's fault circumstances in such cases and the situations that affected the application of the penalty,the full application of the victim's fault circumstances in intentional injury cases was presented as far as possible.Based on the objective display of the current situation of the application,there is evidence to analyze the problems in the application of the victim's fault.On the whole,the victim's fault happens frequently in the intentional injury cases,but the attention should be improved.In the identification process,there is a casual identification of the victim's fault,and the identification will be limited by insufficient evidence.In addition,the determination of the victim's fault also varies with the result of the injury.In the process of sentencing,the application of the victim's fault plot has not been fully explained in the judicial judgment,the content of sentencing reasoning is simple,how the plot has an impact on sentencing and the specific degree of impact is unknown.The second part is the reason why the circumstances of intentional injury victim's fault are not standardized.The problems exposed in judicial practice contain the reasons of concept and norm.Due to the cognitive deviation in the concept level,although the victim group is large,but its reasonable position has not been paid attention to,which makes the problem of the victim in our country presents a state of imbalance.Secondly,in judicial practice,most cases are judged by practical rationality,and the resolution of individual disputes is taken as the primary task,which blurs the positive significance of the victim's fault circumstances in the confirmation of law.At the level of specification,entity specification and procedure specification are discussed.The content of entity norms is not sound enough,and the relevant laws and regulations on the victim's fault are not systematic and seriously fragmented.Laws and regulations have not explained the definition of the victim's fault,and the differentiation of the victim's fault degree is not uniform enough.The wide range division associated with the degree division is rough and lacks logic,and the guarantee of procedural norms is also insufficient.This is reflected in the lack of protection of evidence collection related to the victim's fault circumstances,which leads to insufficient evidence to prove the relevant circumstances.There are defects in the sentencing and reasoning system,which can't fully explain the victim's fault.The third part,the suggestion of standardization and application of the victim fault plot of intentional injury case.Guided by the problems existing in the application of the victim's fault circumstances,and based on the causes of the problems,the author puts forward the idea of standardization application from three aspects.First of all,we should pay attention to the identification of the victim's fault in the intentional injury case,evaluate the nature of the victim's behavior and publicize it.Secondly,legalization of the victim's fault is the direction of future standard.At present,judicial interpretation should be used as the transition and relevant provisions should be perfected as soon as possible.Specifically,the first step is to clarify the definition of the victim's fault,and then distinguish the degree of the victim's fault.Then,the reduction range of the benchmark penalty under the influence of the victim's fault is clarified,so as to complete the overall construction of the victim's fault system.On this basis,the special problems in the crime of intentional injury should be answered concretely.The article puts forward that the circumstances of the victim's fault should be differentiated according to different injury results.This paper makes a concrete analysis of the intentional injury cases caused by the common and controversial "verbal conflict" and "altercation".Finally,we should strengthen the procedural guarantee of the victim's fault.It emphasizes that the public security organs,procuratorial organs and the three parties of the offender should collect the evidence related to the victim's fault circumstances,and reminds the judge to pay attention to the process of sentencing and reasoning.