Legalization Of The Circumstances Of The Crime Victim's Fault

The fault of the victim of crime refers to the act which is committed by the victim as a natural person against the offender and his next of kin,which is sufficient to stimulate,induce,promote the occurrence and escalation of the crime,and has a certain degree of fault.In the judicial application,there is a situation in which the distribution of the application of the crime is concentrated,the victim's fault of different degrees is applied selectively,and the applicable standard is different and the standard is found to be out of order.There are two points between the discretionary circumstances and the statutory circumstances of the circumstances of the sentencing,and the necessity of the legalization of the victim's fault is embodied in the criminal law,which has the theoretical basis to influence the sentencing.At present,as the application of discretionary circumstances,inhibits the effective exertion of sentencing function.The legalization of the victim's fault conforms to the requirement of the principle of adaptation of the crime and punishment,and it is also of positive significance to restrict the application of the death penalty.In addition,the victim's fault has been reflected in the criminal law legislation,and the legalization of this situation in extraterritorial countries also provides the support of legislative experience.With regard to the legislative arrangement of the victim's fault,the criminal law of our country should be stipulated in both the general rules and the sub-rules.In particular,in the general rules of criminal law,it is necessary to make principled provisions,the relevant provisions should be set up separately in the "specific use of penalties" section.The legislative expression should adopt the prescribed model of "concept and sentencing effect".In the design of the provisions,we should pay attention to the different degrees of fault on the effect of sentencing different effects.In the sub-rules,taking into account the legislative requirements and practical needs,some of the more interactive crimes can be given priority provisions,and further promote the victim's fault sentencing standardization.