On the Victim’s Falut in Criminal Law
|School||Southwest University of Political Science|
|Keywords||Victim Fault Sentencing Causality|
Current Penal Code does not set on the victims fault system scholars on this issue will only remain in the stage of theoretical discussion, theoretical research on victims' fault also failed to form a strong authoritative doctrine. In judicial practice, due to the lack of a clear statutory law norms, identified the victims fault not had a unified standard, which identified the victims fault brought great difficulties to the judicial practice. In this situation, the fault of the victim as a system established in the Penal Code has become the common mission of the theoretical and practical circles. This article by victims Daimou murder victim Zhao behavior constitutes fault analysis and deliberation, the identification of the nature of the victim's behavior became the center of the content of this article. The author examines the historical roots of Victimology and academic, practical value, and thus leads to the fault of the victims fault topics and victims affect the legal basis for sentencing the defendant, and obtained through in-depth argument identified victims fault standards. A case analysis involving the victims fault the murder, the biggest focus of controversy in the case is in the killings, the victims whether the fault of the victims fault behavior sentencing the accused. Based on the author's exposition and combined with the facts of the case, the nature of the acts of Daimou murder victim Zhao identified. The author examine civil law countries of the Penal Code, the victims fault system settings, combined with research scholars in China, based on the reality of China's legal system and perfect our concept of the victims fault legislation. Taken in the form of case studies relevant Comment victims fault, and the the victims fault was considerable theoretical analysis. Text Besides the introduction, is divided into seven parts. The first part of the cause of action, and a brief summary of the cause of action in this case. The second part is the basic facts of the case, after a court decision defendant Daimou killed victim Zhao confirmation of the facts and circumstances of the conviction and sentencing of details. The third part is the focus of the case involves a dispute, based on the facts of this case are summarized five focus of controversy. The fourth part of the dispute in this case and the differences of opinion, detailing the various differences of opinion concerning the case in this part. The fifth part of the analysis of the jurisprudence of the case the focus of controversy, the use of jurisprudence and the theory of the Criminal Law, the focus of controversy in this case, in-depth argument. The sixth part of the author's point of view and the conclusion of the case, the conclusions discussed above, combined with the facts of the case, come to the conclusion of the case identified. Part VII of the victims fault status quo and Perfection of Legislation, put forward a legislative proposal to establish this system in China's criminal law for China's current legal status of victims fault.