Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Research of the Victim’s Fault

Author OuYangYingSi
Tutor HuXueXiang
School South China University of Technology
Course Criminal Law
Keywords victim fault type
CLC D925.2
Type Master's thesis
Year 2011
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Although the study on victim’s fault in China has gradually increased, there are still many problems needed to be explored. From a macro perspective, this is the key issue of legal basis for Penalty, according to the provisions of the lack of system on victim’s fault in general criminal law of china. From a microscopic perspective, the specific crime of criminal law lacks clear provisions on victim’s fault, which means no type of treatment. In the process of judicial practice, the identifying standard for victim’s fault is too abstract to give rise to difficulties of specific operation. Therefore the study on type of victim’s fault should be very meaningful for judicial practice. As its ultimate aim is to solve problems in practical application, victim’s fault should not be studied purely theoretically, but analyzed and summarized with many typical cases. This thesis will discuss the matter in the following parts:Part one:review of the research status of victim’s fault in china. We will study the conception the.types、the characteristics of victim’s fault in current law science community and the problems existing in these discussions.Part two:review on the foreign theory research status between the victim’s fault and criminal liability and legislative situation. We are going to analyse crime objective facts under the interaction theory, and then to analyze how victim’s fault impacts the offender’s criminal responsibility according to the theories of the shared responsibility doctrine and the offenders culpability mitigated.Part three:Introduction of the legislation situation of victim’s fault domestic and overseas. We expect to perfect our legislation on victim’s fault through learning foreign advanced legislation experience based on the analysis and summary of foreign legislation and the domestic current legislative bugs.Part four:fact analysis on the victim’s fault in china. We will try to provide judiciary practice with Specific accessibility standards by analyzing the current legislation of the victim’s fault and concluding different types of classical cases in china.Part five:suggestions to the legalization process of victim’s fault in china. We suggest that victim’s fault should be legalized by three steps:Firstly, to promulgate legal interpretation to direct judiciary practice. Secondly, to bring victim’s fault into the criminal law gradually. Finally to explain the meaning of legalization of victim’s fault

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