论犯罪被害人责任

犯罪被害人责任是一个尚未受到广泛关注和接受的概念,但是随着犯罪被害人学的发展,社会互动理论、被害性理论等充分论证了犯罪被害人责任存在的可能性和合理性,世界上一些国家也通过立法肯定了犯罪被害人责任的存在。认定犯罪被害人责任有助于强化广大潜在犯罪被害人的责任意识和防范意识,有助于构建科学的犯罪预防模式,实现刑罚正义和社会正义。为了将犯罪被害人责任应用于实践,需要首先明确犯罪被害人责任的判断标准,然后对犯罪被害人责任进行分类,最后通过立法、司法等环节建立我国的犯罪被害人责任追究制度。

On the Liability of the Victim of a Crime

The liability of the victim of a crime is a concept which has not been widely accepted or caused wide attention.However,with the development of victimology,many theories have fully proved the possibility and rationality of the liability of the victim of a crime.It has been affirmed in the legislation of some countries in the world.To determine the liability of the victim of a crime helps to raise potential victims’ awareness of protection and prevention against crimes,to build a scientific pattern of preventing crimes and realize criminal justice and social justice.Many things should be done to put such a concept into practice.First,a criterion to judge the liability of the victim of a crime should be set up.Second,the liability of the victim of a crime needs to be classified.Finally,a system of ascertaining where the liability lies should be built in the legislation and judicial practice.