刑事被害人过错责任之实证考查

通过对浙江省湖州市2005年665件刑事案件的研究表明,在实践中,很多犯罪和被害人的过错有很大关系,被害人存在明显的过错,对犯罪的引起具有举足轻重的作用.作为刑事被害人具有的这类过错,要承担相应的过错责任.

Demonstrative Survey on Fault Liability of the Criminal Victim

In process of crime, not only the criminal but also the victim should undertake the liability. As a matter of fact, in many cases, we found the victims often had obvious fault and thus played a critical role in the occurring of the offence. As a result of the victims fault which induces the crimes, the victim should bear corresponding liability, which is known as the fault liability of the victim. This kind of liability has its own characteristics and components.