Study On The Influence Of Victim's Fault On Sentencing

Crime is an interactive act.The victim can be found in each case of intentional injury.At the same time,the victim is often actively active in inducing the crime,affecting or even shaping the offender.However,the criminal law of our country has no explicit provisions on the victim's fault,and the specific standards for the victim's fault recognition in judicial practice are not uniform.The degree of victim's fault has different priorities for sentencing.In order to more fairly reflect the criminal responsibility of the offender,to give the fault victim a certain evaluation of the criminal law,and to improve the existing assessment system of the crime penalty,it is necessary to study the impact of the victim's fault on the sentence.The victim refers to the person who has his own fault or illegal and criminal behavior.This behavior has caused the perpetrator's own rights and interests to be damaged.The damaged actor turns to the person who has committed unprotected or violated the criminal law.The victim's fault should emphasize that there is direct causal relationship to the damaged rights and interests,and it has a substantial impact on the assessment of the actor's criminal responsibility.It is a kind of negative behavior in value.The establishment of the victim's fault includes subject conditions,subjective conditions,behavioral conditions,and outcome conditions.According to different standards,the victim's fault can be classified,and it is more appropriate to classify according to minor fault,general fault and serious fault,so as to pave the way for the next chapter to distinguish the victim's fault from the impact of sentencing.By discussing the theory of the victim's fault,this paper analyzes and introduces the theory of the victim's fault affecting the sentence: the theory of shared responsibility,the theory of reduction of condemnation,and the possibility of expectation.In the end,the author concludes that it is more reasonable to analyze the influence of the victim's fault on the sentence from the viewpoint of subjective and objective unity.The network of adjudicatory documents,the practice of judicial cases,and the publicity and reporting of typical cases by district courts on the mobile Internet;It can be summed up that the victim's intentional beating behavior to the perpetrator,the victim's act of causing trouble for no reason,the behavior that affects the daily life,the long-term domestic violence,etc.are identified as the victim's fault and the impact on the sentence.Sentencing is the ultimate method of punishment for the offender.In the final analysis,it is to allow the offender to accept fair state punishment in order to safeguard the public interest and social order of the country.The object of punishment adjustment includes the death penalty,free punishment and exemption from punishment.The minor fault,general fault,and serious fault of the victim in the case of intentional injury will have a general impact on the sentence in judicial practice.It will have a great impact or no impact.It should be clearly divided.The standardized method of sentencing is to determine the final penalty according to the five steps of sentencing steps,the starting point of sentencing,the basic punishment,the circumstances of sentencing,and the declaration of punishment.In the case of intentional injury,the minor fault,general fault,and serious fault of the victim are used as the base punishment for the adjustment of the penalty circumstances.This adjustment is not fixed or fixed,but it is necessary to synthesize the basic facts of the whole case.Including the means of crime,the results of crime,the nature of the crime,the personal danger of the offender and social harmfulness to be measured and considered.In general,it can be summarized as light punishment,reduced punishment and exemption from punishment.Through three real cases--the case of Tang,Yu and Hu--the author introduces the specific case and the reasons and results of the court's judgment,analyzes the types and degrees of fault of the victims,and applies a standardized method of sentencing.Analyze the influence of different faults on death penalty,freedom penalty and exemption from punishment.