The Judicial Determination And Application Of The Victim’s Fault

At present,violent criminal cases occur frequently,and more than half of these serious violent crime cases are caused by the fault of the victim.However,as a basis for a lighter sentence,the fault of the victim is rarely adopted in the judge’s final ruling.There are still some problems in the judicial identification and application of the fault of the victim,and its research has strong theoretical value and practical significance.The first part is the introduction of typical cases.Taking the real cases on the Chinese Judgment Documents website as the starting point,through introducing four groups of typical cases of Victim’s fault,four cases of intentional injury were selected for comparative analysis,and the focus is summarized as the inconsistency of the criteria for the court to determine the victim’s fault and the existence of the victim’s fault.Imbalance in sentencing.The second part is an overview of the theory,through theoretical analysis and comparative analysis to identify and define the fault of the victim.The third part summarizes the current legislative and judicial status of the victim’s fault in practice in our country,and reveals the shortcomings in the identification of the victim’s fault in the current legislation and judicial practice in our country.The fourth part puts forward measures and suggestions to improve the application of victims’ faults.In the measures and suggestions,refer to the experience of identifying the faults of the victims outside the territory,and give specific suggestions mainly from the legislative and judicial levels to improve the victims’ faults in legislation.In the provisions of the General Provisions and Sub-Provisions,the interpretation of the victim’s fault is stipulated in the judicial standardization,sentencing guidance opinions and guiding case references are issued to determine the role of the victim ’ s fault in the penalty system.