Research On Victim's Fault Determination Of Criminal Justice

In criminal justice,influenced by the dualism of traditional criminal law in China,the criminal law theory with public power to combat crime as the central idea runs through the main line of judicial practice.From criminal law theory to criminal legislation,criminal policy and criminal practice,all focus on negative evaluation of the criminal behavior.The evaluation system of criminal law theory based on the criminals is still single and insufficient in the specific judicial practice.However,in real life,many criminal cases are usually caused by the interaction between the two factors of “injuring and victimizing”.Even in some passionate homicide cases,the victim is an active promoter of the entire case process.The factual responsibility of the victim for the criminal process and the outcome of the crime cannot be ignored.The evaluation of the factual responsibility is usually considered as a discretionary penalty.Regardless of the legislative aspect or the policy guidance,the determination of the victim's fault has neither specific principles nor a corresponding normative system.Therefore,the specific path of the victim's fault determination from the legislative and judicial aspects not only affects the appropriateness of the penalty from the substantive level in the trial,but also the key to guaranteeing the justice of the judicial process and safeguarding the judicial authority.This paper mainly focuses on the identification of criminal justice victim's faults.By introducing case analysis,the paper analyzes the status quo and existing problems of the victim's fault judicial determination in criminal cases,and puts forward the suggestions for the victim's fault determination standardization in justice.This paper is divided into four parts.The first part is an introduction,which explains the method of writing and writing this paper.It introduces the development of victim learning and the current situation of victim research at home and abroad,and statistics on the victim's fault research in the current.The second part introduces case analysis and throws questions.The third part usesrelevant theoretical knowledge to analyze cases.The fourth part reveals the shortcomings of the victim's fault determination in the current judicial practice in China.On the basis of theoretical analysis and argumentation,it puts forward the standardization suggestion.