Research On The Influence Of The Victim’s Fault Sentencing In Intentional Homicide Cases

To set a country ruled by law,first of all,we need to have a good governance system Law is the bottom line of social governance.In the past,when people faced with crimes,they thought that criminals deserved what they deserved.As long as a crime is an unforgettable villain,from emotion and reality,they are regarded as social evils.Especially in the case of intentional homicide,which involves the deprivation of civil rights,the criminals in this kind of cases are despised by people.However,with the development of society,citizens’ mentality of legality has been strengthened.People gradually find that the criminal is no longer a simple criminal,the victim is no longer a simple victim.Some criminals are also worthy of sympathy,and some victims are also wrong.The traditional theory of crime focuses on the behavior of the criminal,but little on the behavior of the victim.Victim theory is a subject formed and developed gradually in 1940s.With the gradual transformation of the theoretical system of criminal law,the theory of the fault of the victim has been gradually introduced into China,and the research on the fault of the victim has begun to rise in the theoretical circle of criminal law.As the victim’s fault is more and more mentioned in the trial as the justification of the actor,the victim’s fault has gradually become a hot spot in the judicial practice.As a kind of case of depriving the right to life,intentional homicide cases have strong interaction between the criminal and the victim,and also have high triggering for the fault of the victim.In such cases,the victim is not only the victim of the crime,but also the inducer of the crime.In the case of intentional killing of human beings,there will be great sentencing deviation in the identification of a little bit of subtle circumstances of the crime.In the legality actions,we must follow any little cases and handle each case rigorously.Studying the fault of the victim in the intentional homicide case is helpful to clarify the deficiency of the current legislation and judicature on the fault of the victim and find the solution.One side,it can better beat crime and ensure interests;the other side,it can also establish a good legal guidance for the society and lead social justice.Through empirical examination,literature connsulting,contrastive study and other methods,this paper study the cases involving the fault of the victim in the intentional homicide cases from 2010 to 2018,calculates the extent of various factors affecting the sentencing of the victim in the intentional homicide cases,and analyzes various issues affecting the sentencing of the victim’s fault in the current judicial practice in the intentional homicide cases.In the referee aspect,the judicial interpretation of the fault behavior of the victim in the willful murder event can be issued,and the recognition standard of the victim’s fault can be determined in more detail,Distinguish the sentencing degree of different degrees of fault of the victim in intentional homicide cases.