Research On Wrongful Behavior Of Criminal Victims

With the advancement of restorative justice,the protection of victims' rights has been paid great attention in criminal proceedings,but the theoretical and practical experience of victim science shows that victims often participate in the interaction of crime to different extents by their fault behavior and actually influence the occurrence,development and results of crime.The perspective of criminal law,we should pay attention to the real influence of the criminal responsibility of the criminal victim's fault,and give full consideration to the conviction and sentencing of the perpetrator.This paper takes the victim's fault behavior in the sense of criminal law as the research object,combines with the present situation of chance and arbitrariness in the legislative provision and judicial determination of the victim's fault factor in our country,learns from the experience of advanced legislation outside the domain,tries to regulate the criminal legislation and judicial law on the criminal victim's fault behavior.Realize the seamless integration of theoretical research and judicial practice.This paper first expounds the meaning,characteristics and types of criminal victim's fault behavior.The characteristics are the harm-victim interaction and the habitual behavior of the victim.Its types include the wrong behavior that affects the conviction and the wrong behavior that affects the sentence.Then it discusses the basis of the criminal responsibility of the criminal victim's fault act affecting the perpetrator,and provides important theoretical support for the criminal victim's fault behavior to be incorporated into the criminal law system.By analyzing the basic connotation of the current theory and the rationality of the basis,and then through the analysis reveals the one-sidedness and deficiency,and finally from the two dimensions of conviction and sentencing to examine,in the basis of the impact of conviction,advocates "illegality and accountability reduction",in the impact of sentencing,advocates "reprehensible reduction." Through comparative analysis at home and abroad,on the one hand,the explicit provisions of foreign criminal codes are cited,through the principled provisions of our country's laws,judicial interpretations,relevant judicial documents and the chance and randomness of judges' decisions in judicial practice,the legal rank of victims' faultbehavior in China is low,and the existing provisions are too principled and abstract.The lack of reference by the defence side to more and the less adoption by the courts leads to the urgent need for criminal regulation from both the aspects of criminal legislation and the administration of justice.To solve the above-mentioned problems,the most fundamental is to put forward the criminal regulation on the criminal victim's fault behavior.In the criminal legislation,from the general and sub-rules,in particular,the intentional homicide,traffic accident crime and other crimes of special provisions,the location and content of the addition of specific provisions;In criminal justice,the specific detailed measures for the standardization of sentencing are put forward,as well as to improve the guiding case system and to co-ordinate the combined efforts of criminal legislation and the judiciary to regulate.