Research On Standardization Of The Victim's Fault On Sentencing In The Traffic Offences

With the development of victimology,if the victim's fault was used to crime law could not only reflect the reform of crime view and criminal law view,but also promote the in-depth integration of criminology and criminal law,so as to achieve the criminal integration better.In the research on the influence of victim's fault on sentencing,the academic circle,especially the foreign scholars,their view angel focuse more on the theoretical research.The main viewpoints include the theory of responsibility sharing,the theory of self-responsibility and the theory of reprehensible reduction.However,few scholars study on the application of the victim's fault in judicial practice.Theoretical research serves practice.To find and solve problems,it's supposed to study the application of the victim's fault in the current judicial trialIn judicial practice,traffic accident is one of the typical cases in which the victim's fault exists.In 2000,the judicial interpretation took the accident liability as the legal circumstances of conviction and sentencing for the crime of traffic accident,and then no longer evaluated the impact of the victim's fault on the sentencing.However,taking accident liability as the circumstance of conviction and sentencing is the confusion between administrative responsibility and criminal responsibility,what's more,accident liability cannot fully evaluate victim's fault.Therefore,it is of great significance to make the standardization of crime circumstances of crime of traffic accident victim.The empirical analysis shows that,there are some problems in the victim's fault identification confusion and its influence on the sentencing.The reason of the problem lies on: firstly,establishment condition of the victim's fault is not clear.Secondly,the crime of the victim's fault apply to sentencing are confused in the crime of traffic accident.In 2000,the judicial interpretation took accident liability as the circumstance of conviction and sentencing,which resulted in the confusion between accident liability and the victim's fault in the judicial trial,then whether the victim's fault is to determine the circumstances of discretionary sentencing is not unified appeared.Thirdly,the criterion of applying leniency in criminal trial is not sure,which causes the fault of the victim to affect the sentencing result is not uniform.In order to solve the problem that the victim's fault should be applied in a disordered way in traffic accident crime,the circumstances of sentencing for the victim's fault should be standardized.On the basis of clarifying the internal principle that the victim's fault affects the offender's sentencing,three suggestions are put forward.Firstly,we should come up law on the establishment condition of the victim's fault.Secondly,the specific criterion for determining the victim's fault and the criterion for sentencing circumstances in traffic accident crime should be detailed,what's more,the influence of general fault and major fault on the offender's sentencing should be distinguished,too.Finally,it's supposed to strengthen the guidance on the application of the circumstances of sentencing for the fault of the victims of traffic offences,Mainly through the addition of this crime guidance case to achieve.