On the Influence of the Victim's Fault on Sentencing in Criminal Cases

DOI: https://doi.org/10.62517/jel.202514509

Author(s)

Yu Wu*

Affiliation(s)

Northwest University of Political Science and Law, Shaanxi, China *Corresponding Author

Abstract

In the field of criminal justice, the victim's fault is an important factor affecting sentencing. For a long time, due to its vague positioning in legal norms, it has led to frequent problems such as different applicable standards and different judgments in the same case in judicial practice. This paper adopts the method of literature analysis and case study to sort out the origin and development of the theory of victim's fault. Combined with domestic and foreign legislation and judicial practice, this paper probes into the constitutive elements of victim's fault and its specific influence mechanism on sentencing, aiming at providing theoretical reference for the improvement of criminal legislation and the standardization of judicial judgment in China. The study believes that the legalization of the victim's fault and the construction of a scientific sentencing rule system are the inevitable path to realize the principle of adapting crime, responsibility and punishment and ensure judicial justice.

Keywords

Criminal Cases; The Victim's Fault; Sentencing; Impact

References

[1] Yang, L.Y. (2022) Effect of Victim's Fault on Sentencing in Criminal Cases-Based on the Analysis of 133 Criminal Judgments. Journal of Jiangsu Police College, 37(2): 53-57. [2] Zhang, T. (2020) The influence of victim's fault on sentencing in criminal cases. Journal of Shanxi Provincial College of Political and Legal Administrators, 33(3): 69-71. [3] He, Y.M. (2019) On the influence of victim's fault on sentencing. Journal of Chongqing Second Normal University, 32(5): 10-14. [4] Liang, H., Yang, M.F., Liu, Y.C. (2017) Research on the impact of victim's fault on sentencing. China Prosecutor, (8): 30-33. [5] Lu, J.L. (2015) The influence of victim's fault on conviction and sentencing. Journal of Hubei Police College, 28(5): 81-83. [6] Xu, Z.H., Wang, X.G. (2012) Judicial identification and application of the victim's fault. Application of Law, (12): 51-55. [7] Luo, C. (2011) The identification and application of the victim's fault under the ternary structure model of criminal law-from the perspective of the case of infringement of personal rights. Chinese Journal of Criminal Law, (2): 15-22. [8] Judicial determination of the victim's fault and its impact on the criminal responsibility of the defendant. (2010) People's Justice, (17): 32-38. [9] Simons, K.W. (2007) Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law. Legal Theory.