Research On The Impact Of Victim's Fault On Sentencing

In the past,our research in criminal law mainly focused on the behavior of the offender,taking the offender as the research object,neglecting or even excluding the factors of the victim.In fact,this research method is biased,and can not fully analyze the causes,processes and results of the crime,and even may be unfair in sentencing.In fact,in many common cases,the victim's behavior is not always in a passive state.In some cases,the victim's behavior may play an important role in promoting the outcome.The study of victims in western countries is much earlier than that in our country,which began in the 1960 s or so.The study of the victim's fault began in the field of criminology,and was gradually used for reference by criminal law,and gradually rose in the field of criminal law.There are many studies on the victim's fault abroad than our avant-garde.Some German criminal law professors even suggest that the victim's fault should be included in the field of conviction.At present,many countries stipulate the victim's fault in the criminal law and regard it as an important factor affecting sentencing.However,the study of victim's fault in our country was introduced from western countries,and it rose relatively late.Scholars' research in this area is not very full.The case of victim's fault factor exists widely in violent crimes such as crimes endangering personal safety.In court judgments,among the accusations of victim's fault,the crime of intentional injury is the most,and the analysis of the impact of victim's fault on sentencing from the perspective of intentional injury crime can be more targeted to elaborate this topic.Many scholars only discuss the victim's fault in the academic field,seldom based on the case in practice to analyze and demonstrate,so the study of the victim's fault is inevitably comprehensive.We should collect a large number of cases from practice.According to the collected cases,we should make a detailed analysis of the victim's fault in the crime of intentional injury,find out the problems and analyze the reasons,and find out that there are many problems from these cases.That is to say,in the crime of intentional injury,the defender often mentions the fault of the victim,and the defense reason for the fault of the victim is very easy to abuse;when the court decides,the defender seldom identifies the fault of the victim;when the defender puts forward the fault of the victim or when the court identifies the fault of the victim,the degree of the fault of the victim and the type of the victim's behavior are confused and notunified.One standard;the same court may make different judgments on the type of the same case;the same or similar fault of the victim in the crime of intentional injury may be inconsistent in sentencing.According to the analysis of the reasons behind these problems,it is found that the criminal law concept centered on the offender leads to the confusion of the victim's fault in the judicature;the imperfect provisions of the law for the victim's fault are the main reasons for the confusion in practice;judges also impose unfair sentencing because of the pressure of public opinion.In order to solve these chaotic phenomena of victim's fault affecting sentencing in practice,we must clearly define the concept of victim's fault,sort out the theory of victim's fault affecting sentencing in operation,and give reasonable legislative and judicial suggestions.In defining the victim's fault,combining the judges' judgments in practice and the views of scholars at home and abroad,the victim's fault is clearly defined.It also distinguishes the concept of victim's fault from other concepts in criminal law,explores the difference between victim's fault in Criminology and victim's fault in criminal law,defines the difference between victim's fault and victim's promise and victim's risk of self-trapping,and distinguishes the relationship between victim's fault and legitimate defense and defense.Finally,on the basis of the analysis of the previous cases,the constituent elements of the crime are analogized,and then the constituent elements of the victim's fault are conceived.In addition,it mainly studies the relationship between the victim's fault and sentencing.According to the degree of the victim's fault,it is found that the degree of sentencing is different;and the impact of the victim's fault on sentencing is deeply analyzed and demonstrated by combining different theories at home and abroad;from the perspective of liability penalty and preventive penalty,it explores whether the impact of the victim's fault on sentencing is justified.Finally,in view of the judicial disorder of the victim's fault in practice and the impact of the victim's fault on sentencing,reasonable legislative and judicial suggestions are put forward.