Research On The Influence Of Victim’s Fault On Sentencing In Qing Dynasty

Sentencing is an important link for judicial officials in the process of judging cases.Among them,when considering the circumstances of sentencing,judicial officials usually grasp the subject of crime,subjective aspects of crime and objective harm of criminal behavior,which measures the influence of their behavior on sentencing from the perspective of offenders.However,there are criminal cases of victims,and there are often interactions between victims and criminals.Some criminal acts of offenders are caused by victims.With the enrichment and development of judicial practice,the victim’s fault has been paid more and more attention by academic and judicial circles as a sentencing standard.In the past,the academic circles mostly analyzed and studied the sentencing practice in ancient China from the aspects of the offender himself and his criminal behavior,but lacked research on the aspects of the victim’s fault affecting sentencing.By analyzing the murder cases caused by the victim’s fault in Criminal Cases Survey,introducing the identity relationship and the close degree between the victim and the criminal behavior,the degree of the victim’s fault is divided into three types:the victim’s criminal behavior,the victim’s behavior of putting himself in danger and the victim’s general illegal behavior,and comprehensively analyzing the concrete manifestation of the victim’s fault behavior in Qing Dynasty;Then,from the subjective and objective aspects of the victim’s fault behavior and the causal relationship between the victim’s fault behavior and the murder case,the impact on sentencing is evaluated.There are differences in circumstances,so there are differences in crimes.Through the above-mentioned research on the relationship between the victim’s fault and sentencing,we can think that the Qing judicial organs did not generally consider it as leniency for prisoners as long as the victim was at fault,but differentiated it,and analyzed the nature,degree,identity and role of the victim’s fault in the development of the whole case as a whole,combining leniency with strictness,so as to impose appropriate punishment on prisoners and maintain them.