Judicial Cognizance And Application Of "The Victim's Fault"

The protection of human rights is a core issue in the construction of the criminal procedure system.The effective protection of the criminal victims and the rights to be prosecuted not only demonstrates the essence of the spirit of the rule of law,but also embodies the concept of justice of criminal procedure and the philosophical foundation of human centered.The protection of human rights of the criminal victims and the accused should be the important value orientation and goal pursuit of the criminal procedure law and judicial practice.At present,the criminal victims and the rights to be prosecuted for all people have received widespread attention,but they have not been paid enough attention,especially in judicial practice,the neglect of human rights protection still exists objectively."The victim's fault",as an important discretionary measure of sentencing,can be accurately identified and applied correctly.It is of great significance to the realization of the combination of crime and punishment and the individualization of penalty.It is the proper and necessary requirement to ensure the rights of the criminal victims and the accused.Through the analysis and study of the referee documents of relevant criminal cases,this paper systematically summarizes the identification and application of the discretionary sentencing plot of the victim's fault in the process of judicial practice.It can be seen that the victims of the law are not perfect,lack of evidence,sympathy for the weak mentality and the social effect.In judicial practice,"fault" finds that the proportion is low,the standard is not uniform,and the application is not standardized.Its proper role and significance can not be fully realized and reflected.Based on the balance between the criminal victims and the rights to be guaranteed,the relevant laws,regulations and systems should be perfected to determine the basic standards for the judicial identification of the "victim's fault" and the correct and applicable path of "the fault of the victim" in the judicial process.By promoting the standardization of sentencing construction,guiding the judicial practice to correctly identify and apply the sentencing circumstances of the "victim's fault",to realize the organic combination of crime and punishment and the individualization of penalty,to ensure the criminal victims and the right to be prosecuted according to law.