The Research On The Impact Of Victim’s Fault In Intentional Homicide Crime On Sentencing

The role of victim in the development of crime has been concerned by the theoretical and judicial practice circles of criminal law,especially the victim’s fault.About intentional homicide crime,which has the closest relationship between the interaction behavior and the crime result,the contradiction is the most acute,the victim’s accidental or long-term violation of law or morality makes the criminal’s emotions in a state of continuous depression.Once the limit of the criminal is reached,the criminal will resist by extreme means.In this case,the judiciary must take into account the influence of the victim’s fault on the offender’s criminal intent,the commission of the criminal act,and the result of the crime.The victim’s fault in intentional homicide means that the victim’s previous illicit act or major unethical behavior has caused the murder motive of the offender to cause his own victimization.The establishment requirements include the victim’s and the victim’s wrong behavior.It is because of intentional or negligent,wrongful behavior violates the law or serious violation of morality,fault behavior and the consequences of the victim.In view of the fault of the victim in the crime of intentional homicide,although there are relevant regulations in China,there are still the following deficiencies in legislation and judicature:the first is to correctly judge the victim’s fault and the murder of the offender,to help the judge to accurately sentence the criminal;the second is to help the criminal law achieve the purpose of crime prevention.At present,although there are provisions on the fault of the victim in China,there are still the following shortcomings:first of all,there is no specific provision in the criminal law of our country to deal with the fault of the victim,and the fault of the victim is not treated as a legal punishment;the victim’s fault is not defined in our legislation.Without a unified conceptual standard of authority,the definition of"victim’s fault"will be unclear.Secondly,China does not explicitly deal with victim’s fault in the provisions of intentional homicide crime.It does not break down the degree of fault and the degree of influence.Thirdly,the investigative organ is negligent in collecting the evidence of the victim’s fault,and the judicial organ does not pay attention to the role of the victim in the development of the case,which will affect the correct sentencing of the criminal.In addition,the pressure of public opinion brought about by public attention will bring certain interference to the identification of victim’s fault in the case and the fair judgment of the criminal.Drawing on the legislative practice of foreign countries in intentional homicide crime,we can propose corresponding countermeasures from the legislative and the judiciary:in the legislation,the victim’s fault is clearly defined in the criminal law,and the discretionary circumstances of sentencing is promoted to the legally prescribed circumstances of sentencing.It can attract the attention of the academic and practical circles,and can also facilitate the actual judicial operation;In the judicial interpretation,the concept of"victim’s fault"and its scope of application are clearly defined,unified academic and practical circles’perception of victim’s fault.In the general principles of criminal law and criminal law-kinds of offenses,the treatment of the victim’s fault is refined.Judicially,the investigating agency should pay attention to the evidence of the guilty of the criminal,as well as the evidence that is beneficial to the criminal.The judicial organ should consider all aspects and pay attention to the impact of the victim’s fault on the criminal and the trend of the case,give the criminal the correct sentencing judgment;finally,the judiciary must pay attention to public opinion and not be interfered by public opinion,guarantee the independence,impartiality and authority of the judiciary.