On "Victim's Fault" In Criminal Law

Crime is an interactive process.Due to the restriction of our national conditions,historical traditions and legislative status,The victim's subjective status has not been fully taken into account.Constructing a victim's fault system can not only perfect the theoretical system of criminal law in China,but also make the sentencing more fair.It has important significance for the reform of criminals,social harmony and stability,and the establishment of "light punishment" penalty thought.Firstly,This article clarifies what is the victim in criminal law.Then the victim's fault is defined in terms of subject,time,degree,and causality.Victim's fault can be classified according to different standards.The author thinks that the victim's fault should be divided into major fault,greater fault and general fault.And according to the reduction of the degree of fault,the range of the defendant's light sentencing decreases in turn.The theoretical basis of its influence on conviction and sentencing is the author's inclination to the theory of "sharing responsibility ".In the aspect of influencing conviction,we can distinguish crime from non-crime,one crime from another.For example,whether the crime of traffic accident or rape is convicted,whether the crime of illegal detention or kidnapping is established,and whether the crime of common fraud or contract fraud is established.In the aspect of influencing sentencing,In the aspect of influencing sentencing,it can affect all kinds of crimes in criminal law.the combination of victim's fault system and Victim's Forgiveness System helps to reduce the application of death penalty and establish the concept of restorative justice.It also distinguishes the fault of the victim from the promise of the victim.Finally,the author combs the judicial interpretation of the victim's fault in our country and the relevant provisions in foreign criminal law,and puts forward the legislative conception of putting the victim's fault into criminal law according to the reality of our country.Setting up special clauses in the General Provisions,Victim's fault refers to the act that the victim exerts certain influence on the perpetrator through his own misconduct,thus causing the crime or aggravating the harmful consequences.If there is a victim's fault in the case,the offender may be given alighter or mitigated punishment.In the specific provisions,the most typical crimes should be selected,such as intentional homicide and fraud,which separately stipulate a lighter statutory penalty corresponding to the victim's fault.