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Criminal victims fault

Author: ZhangZhenYu
Tutor: YangXinJing
School: China University of Political Science
Course: Legal
Keywords: Victim Victim fault Identification of the victims fault and the Judicial
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 127
Quote: 0
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Abstract


Victim fault is the original concept of criminology in the context of social harmony , the rights of the defendant's and victim's rights and interests of an increasingly sharp conflict , in the specific case of the conviction and sentencing of links , the two sides ( the defendant and the victim) pay more attention to the discretion of given the role of the plot , which victim fault is the most compelling and accurate grasp of the nature of the victim at fault , the correct sentence is the focus of this study , this article tries to harm fault from the analysis of empirical point of view . The first part of this evaluation , the victims and the victims fault controversy in the academic conclusion that the victim is a natural person , the unit . Countries can not be victims, the victims fault for intentionally or negligently , the implementation is contrary to the social and public morality , or violations of the law violated the legitimate rights or legitimate interests of the defendant , caused the defendant to commit the crime or intensify the degree of harm an act endangers the case . The second part of the legislative status quo of the victims , the evaluation summary of the text divided into civil law , common law and the legislative status quo in China's mainland region of three parts , to evaluate the above three parts of mainland China 's so-called Legislative Situation a brief evaluation of the victims fault too vague judicial practice into a passive one of the reasons . The third part of the victim at fault manifestations and judicial application of the key research , this paper selected a total of 10 cases on its own account and public media the extent of the victims fault , applicable conditions , the impact of the conviction and sentencing of . The fourth part is the fault of victims of domestic legislation and suggestions , the China mainland current judicial normative documents of the victims fault provision stating that the identified victims fault standard is vague, and lack of maneuverability , and other defects , and corresponding legislative proposals.

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