The Status Quo and Settlement of the Judicial Applicability of the Victim's Fault: An Empirical Analysis Based on the Big Data of Judgement

The victim's fault is of significant importance when evaluating a punishment suitable for the criminal. The application of the victim's fault in judicial practice is analyzed on the basis of 1413 criminal judgments concerning the victim's fault from 2013 to 2017. Statistical tools are used to make a regression analysis of the above data. The results show that the judges of our country exercise great discretion in the application of the victim's fault to avoid the risk of misjudgment. But there is a wide gap between the ideal practice and the actual practice in applying the victim's fault, and conservativeness and radicalness coexist. The key to breaking the real dilemma is revising and clarifying the standard for the applicability of the victim's fault by drawing on the past judicial experience.