On The Influence Of The Victim's Fault On Conviction And Sentence

As the criminal law theory system change from the binary system to the ternary system,the criminal law theory and judicial practice begins to pay attention to the importance of the victim in the criminal process,studying the influence of the victim’s fault to the criminal responsibility of the offender.On the one hand,the research on the victim’s fault can help to restore the real face of crime,consummate the theoretical system of criminal law,and safeguard judicial justice.On the other hand,the analysis of standardization is conducive to clear the interactive mode between the offender and the victim and leads the society to rational development.The paper tries to research the impact of victim’s fault on conviction and penalty measurement from the angle of the victim.The paper distinguished the meaning of the victim’s fault in criminal law and criminology,defined the basic concept of the paper,demonstrating the legal basis on which the victim’s fault can affect crime and penalty on the constitutive requirements of criminal responsibility respects.The victim’s fault can be divided into the victim’s fault which affects conviction and which affects penalty measurement according to the purpose of writing.In judging whether the victim’s fault has a material impact on the crime should consider main body specificity,improper behavior,relevance and Intentionally or negligence in state of mind.The paper use empirical analysis,collecting the case of the victim’s fault in criminal cases mentioned times,the victim’s fault is the court adopted,analysis and found the problem of victim’s fault in our country’s judicial practices.With the typical cases,the paper elaborates what is the victim’s fault in the sense of criminal law.This problem is due to cognitive differences,social factors and non-uniform standards.Advice of the victim’s fault legislation and judicial perfection.In legislation,treating the victim’s fault as a statutory sentencing plot,bending the "criminal law"the 61th increase:"the victim has a general fault,may be given a lighter punishment;the victim has a serious fault,shall be given a lighter or mitigated punishment".In judicial,through the judicial explanation in "serious fault",specificating sentencing standards in the sentencing guidelines,releasing guidance case for trial reference for the similar cases,guaranteeing the victim’s fault applicable from the procedure angle.