Research On The Impact Of Victim's Fault On Sentencing

The impact of victim's fault on sentencing has not been given adequate attention.When convicting and sentencing the defendant in judicial practice,the influence of the victims on the occurrence,promotion and acceleration of criminal acts is often neglected,and they are always identified as actual victims.In fact,in some cases,the victim not only acts as a passive object or a role of victimization,but also may be an active subject.Criminal incidents are caused by the joint action of the victim and the perpetrator.If the victim's behavior is wrong,sometimes it will have a significant impact on the offender's criminal behavior.If the offender's penalty only considers the offender's own reasons and neglects the factors of victim's fault,the judgment will be unfair.Therefore,some scholars in the field of law believe that victim's fault should be regarded as a statutory circumstance of sentencing,so that victim's fault has legal basis in judicial practice.As for the impact of the victim's fault on sentencing,the existing legislative provisions do not stipulate that there is only a brief explanation in the provisions such as judicial interpretation,and in practice,the forms of the victim's fault are complex and diverse,which leads to the lack of a unified standard for sentencing the perpetrator.Firstly,the victim's fault is defined and the problem that it is difficult to confirm the victim's fault is solved.Then the empirical analysis of the influence of victim's fault on sentencing is carried out,collecting cases and data related to the victim's fault and making a regression analysis of the impact of the victim's fault on sentencing.The influence of the victim's fault in sentencing is comprehensively analyzed,and then the influence of the victim's fault is studied in three kinds of crimes,namely,the crime of intentional injury,the crime of intentional homicide and the crime of rape,analyzing whether victim's fault has a significant impact on sentencing,comparing victim's fault with other circumstances on the impact of sentencing.Finally,this paper makes an analysis of the results,combines the actual application of the victim's fault in practice,summarizes the problems in the application process,analyzes the reasons,and puts forward the improvement measures and prospects for the future.The past literature mainly focuses on the understanding and identification of the victim's fault and the qualitative analysis of its impact on sentencing.The innovation of this paper is that,by collecting judgments and data in judicial practice,we can make a regression analysis of how the victim's fault affects the sentencing of the offender,judge the significant degree of its impact,and compare it with other circumstances of sentencing.The process of argumentation and the results are based on the current judicial situation of our country.In different types of crimes,victim's fault has different effects on sentencing.Combined with the characteristics of each crime,the reasons leading to different results are analyzed.In this paper,data and facts are used to analyze how the victim's fault affects sentencing,fully combining with the actual situation of our country.Combining qualitative analysis with quantitative analysis,combining theory with practice,we strive to reach a more consistent standard of different kinds of victim's fault on sentencing changes,which can effectively avoid the abuse of discretion by judges and strengthen the credibility of judicial organs.