On The Influence Of The Victim's Fault On The Sentencing In The Crime Of Intentional Injury

Penal code of our country development up to now,with the development of the society change constantly update and perfect,but the provisions of the criminal victim fault system is still blank in the penal code of our country,the legislation present situation directly affects the fairness and justice of judicial discretion,plus in the theory and practice for the victim fault system research more and more deeply,makes the victim to legalize fault is becoming more and more necessary.This article through to the victim fault analysis of concept and the elements of the establishment,according to the empirical analysis on the victim's fault in the judicial practice in China identify and analyze the status quo,and summarizes the problems in the legislative and judicial,coupled with the domestic and foreign advanced experience,theory and practice to improve the system of our country the victim fault provide train of thought,accelerate the implementation of the victim to legalize fault system.The first part of this paper is to clarify the concept of the victim's fault,which is divided into the concept of the victim's fault in the general sense and the concept of the victim's fault in the crime of intentional injury.Then it is to analyze the theoretical basis of the impact of the victim's fault on sentencing,mainly including the theory of responsibility sharing,the theory of reduction of condemnation and the theory of subjective and objective combination.The second part is mainly based on the actual investigation of the influence of the victim's fault on sentencing in the crime of intentional injury,analyzing the current situation of foreign legislation and domestic norms from the normative level,and analyzing the application status,recognition type,establishment conditions and the impact on sentencing of the victim's fault in the crime of intentional injury from the practical level based on empirical case statistics.The third part,through the empirical case analysis of the second part,summarizes the problems of the victim's fault in the crime of intentional injury in the application of sentencing,including the lack of legal support at the normative level,the difficulty in defining the victim's fault in practice,the difficulty in grasping the range of the impact on the sentencing,the judgment is too simple.The fourth part puts forward the perfect way to apply the victim's fault in the crime of intentional injury,and advocates the legalization of the victim's fault,thestrengthening of judicial interpretation,the release of guiding cases,so that the victim's fault affects the sentencing law can be followed;The judge should flexibly understand the scope of the victim's fault and the impact of sentencing,strengthen the investigation of the correlation between the victim's fault and the criminal actor and his criminal behavior,and strengthen the reasoning of the case judgment documents.Through the contents of the above four parts,I hope to improve the thinking of the impact of the victim's fault on sentencing in the crime of intentional injury in China,and provide reference for the effectiveness and fairness of justice,so as to improve the criminal liability system in China.