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Discussion on the Fault of Victim Impacting on Sentencing

Author: MengZuo
Tutor: ShenLiang
School: East China University of Political Science
Course: Legal
Keywords: The of the victim Sentencing Statutory Case guidance
CLC: D924.13
Type: Master's thesis
Year: 2013
Downloads: 75
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Abstract


From the point of view of the judicial process, legal workers are concentrated allthe focus on how to combat crime, protection of victims; continue to implement as theconcept of democratic justice, more and more legal workers will Crime ResearchFocusfall in the fair administration of justice at the same time safeguard the legitimaterights and interests of crime. We are pleased to see that our judicial process theoristsand practitioners are constantly adjust the angle of the study of the problems of crime,constantly and in-depth exploration of the issues involved in the crime. Today, theproblems of the victims are increasingly subject to the attention of the legal profession,but the key point of the study is still focused on how to protect the victim, stillinsufficient concern for the the another angle victims wrongs. The formation of acrime is the result of the interaction of the crime and the victims, the victims of thisspecial subject, have an enormous role in the occurrence of criminal cases. In the caseof the presence of the wrongs of the victim, just one-sided emphasis on the offender’ssins while ignoring the fault of the circumstances of the victim, the offender’ssubjective vicious objective harmfulness of behavior can not be objective, rationalevaluation, the perpetrator can not be fair trial. Therefore, in the judicial process, thefault of the victim explore the impact of sentencing, it is particularly with thetheoretical and practical significance.The first section of this article, through the two angles of the responsibilitytheory and condemnation theory on the the concept of victim ’s fault carried out defined. Responsibility victims of the opinion of the the Analects in persons as long asthere is the fault of on the shall bear the criminally responsible; the point of view ofcondemned the theory is the the fault of behavior of a victim or victims in the case ofof severity of the impact the behavior of the crime before has a reprehensible sexual.Through the compare two of the different points of view, the author is more inclinedto condemned the theory.The second of this article, from the two angles of the legislative, judicialcommentary. From a legislative point of view, the provisions of the GeneralProvisions and only implicitly specifies the fault of the victim plot of sentencing;sub-rule in most legal that does not take into account the victim’s fault, needs to beimproved. From the judicial point of view, the judicial interpretation relates to therelevant provisions of the fault of the victim impact sentencing few; judicial trial, theyignore the the victims fault plot, finds that the standards are not unified.This article through the third part put forward the Faults of the Victims in the theimpact or leniency of sentencing. First, for example, be divided theoretically the faultof the victim; author puts forward recommendations by the fault of the victim. Second,the author analyzes Faults of the Victims in affect the the reasons for of the sentencing;then put forward the the the function of of the Faults of the Victims in in the the onthe deciding on punishment and, with a view in order to justifies the importance ofthe-fault the circumstances are for the benefit of victims introduced into the in thedeciding on punishment and.The fourth part of the article put forward a sound proposal from the legislative,judicial. Legislation, the author proposes the fault of the victim plot should be astatutory body, and analysis of the statutory reasonable; General, sub-two angles tothe specific form of statutory recommendations. Of Justice, the author investigationsand trials from the transformation of thinking, the development of judicialinterpretation, unified sentencing range, the introduction of case guidance system forjudicial point of view of the victims fault system suggestions for improvement.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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