被害人过错影响定罪量刑的根据,西方有责任分担说和谴责性降低说两种学说。
On the basis of victims fault influencing conviction and sentencing, scholars in the West counties proposed two theories, the shared responsibility doctrine and the offenders culpability mitigated.
分析了加害与被害的因果关系理论,提出了被害人过错行为对因果关系的影响;
The author also discusses the influences of the fault of the victim on causality by analyzing the causality between inflictions and suffering injuries.
被害人加害在先引起他人加害,或被害人激化矛盾引起他人加害属于被害人有过错的故意杀人罪。
Intentional killing with victim's fault means that the victims injure others before be injured, or the victims make the contradiction severe which causes the injury.
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