| The thesis aims at the research around the system of the victim commitment theory. The view of research is and must be from multi-angle. The thesis does the general analysis about the victim commitment theory from the base of the system.The template of research about the victim commitment is the related theory of the criminal law in the continental law system. The criminal laws of Germany and Japan do the research about the degree and scope of the victim. And the level is more advanced than others. But because of the difference of the system of crime, it causes the differences of the view and the scope of the victim between our country and others. We must pay more attention about the promise from the victim of the antecedent of criminal law. The restraining criminal law contains the second adjustment and final intervention. It is possible for the intervention of the promise from the victim before the remark of the criminal law. And it makes the base of the crime: we should review the characters of public law. The criminal law has the characters of public law. But the characters of public law are not absolutely. Because of the diversifying of the interesting protection and the intervention of the private power, the public law would be the relative characters of public law. It is possible for the existing of the promise from victim. But it can not exceed the base line of the public law.Because of the prospective promise from the victim and the way of effectiveness, the definition of legal interest is not rigid, and it is better that it is defined the interest. The interest should be reasonable. The reasonable interest bases on the restriction of the bases and orders of the legal interest. After the abandon of the reasonable interest which is permitted by the criminal law, the interest of the promise from victim could prevent the crime fundamentally. Then the theory preconditions of the promise from victim could exist.Because the constitution of a crime is the sole criterion which determines the commission of a crime in our country, the constitution of a crime includes the all functions of the incrimination and leaving the crime. We should do the three-dimensional explanation about the remark model of the constitution of a crime. It means that the constitution of a crime is the remark system which contains the truth judgment and the value judgment. As for the promise from victim, the key of the leaving crime lies on the criminal object and subjective aspect of crime. In terms of criminal object, it can divide into two parts which are the truth judgment and the value judgment. The main factors of truth judgment are the social relations. And the social relations are the concept which is comprehensive and it includes the main body and the content of the social relations. It reflects on the promise from victim including the protections of the victim, the interests and the criminal law. The value judgment is the part which can express the value of the punishment. It means the legal interests and the extent of the damage. As for the subjective elements of the crime, the traditional directly and deliberately action and the indirectly and deliberately action can not express the subjective vicious degree of the criminal subject. It has the fairly affections on the definition of the subjective vicious degree and on the social psychology what is divided into agreeable deliberately action and the dissentient deliberately action. Combining the object of crime with the subjective elements of crime, and the complexity of the legal interest and the diversification of the effectiveness conditions of the promise from victim, the promise from victim effective grade system presents the progressive mode include the grade of guilty and the grade of misdemeanor.The fundamental problem for the effectiveness of the promise from victim is that we should de the research about the constructive condition and the restrictive condition.Firstly, we should integrate the conception of the promise from victim. The victim conception is the hypothetic conception which bases on the relative concept. That means the criminality can not be removed if the promise does not exist. No promise would affect the actual existence of victim, and the promise would affect the non-existence of victim. The main body of the promise would be defined under the non-promise condition. It aims at the system research of the promise from victim. But the promise has the difference in the criminal laws of Germany and Japan which means agreeable or acceptable. The precondition of the difference should be the separation of the conformance of the element and the illegal judgment. So as for our criminal law, the difference does not have the actual meanings. Because of the specialty of Chinese language, the promise is more serious than comply. As for the legal language, the promise means that the oblige should do the action about the self-interest which has the legal effect after the carefully thinking. The action not only to the perpetrator, but also to the other objects including the perpetrator and the criminal attitude of the oblige. The action should be dispositive and official. The effectiveness of the action can be considered by the criminal law.Secondly, we should analyze the constitute elements of the promise from victim. The first problem which we should consider is the ability of the criminal promise of victim. We settle the ability of the promise according to the safety and levelly principle. As for the safety principle, the last aim of the promisee's ability is that the action is safe to the self and the society. And the levelly principle means that doing the promise of the different rank needs the different ability of promise. The need for the ability would be reduced by the deeper of the interest and the self. The ability of the criminal promise from victim has the two parts. One part is the ability of the fact distinguishes, and the other is the ability of the legal judgment. The different constitutions of the two parts lead the formation of the different ability.The second problem is the object condition of the promise from victim. The object condition includes the restriction to the object condition of the promisee and the oblige. The reason is that the criminal effectiveness of promise from victim is not only the simple promise, but also the action which is considered by the criminal law after promising. The criminal law theory has paid more attention on the person who does the promise before. And it ignores the part of the oblige. When the persons do the promise, we should consider the truth and the security of the promise from victim, and at the same time, we also should consider the judicial risk which is made by the unstable promise. So the person should observe the safety expression principle. And the mode of expression should be effective. But the standard of the effective expression should consult the characters of legal interest and the relationships between the promisee and the oblige. As for the object condition of the oblige, it is necessary for the oblige to know the promise. We would pay more attention on that the degree of the knowing is not the absolute conception. We should consider the attitude of the promisee (positive or negative, the two different attitudes need the different degree to know the promise) and the promise degree of legal interest. The object condition of the oblige also includes the understanding of promise for the unintentional crime. The oblige should fulfill his obligation to consider and prevent the danger during the promise of the unintentional crime. Otherwise the action should be punished also.The third problem is about the time condition which the victim promises. In this case we should know the attitude towards the commitment. After-consent is the utilitarianism which reflects in criminal law. After-consent can also be called after-tolerance. After-consent contains 2 forms. The first is the victim give up the benefit, the second is the victim give up his or her benefits on the base of forgive. No matter which one it is, it should according to the victims'free will. However this kind of decision should overcome the involvement of the criminal law. Therefore, the limitation and the power of the after-consent will be weakened.What's more, the limited condition of the victim's commitment. The most obvious of this kind of limitation is towards the benefit. For example, the living right and the health right. Living right burdens the obligation, this obligation should not give up the complexity of the living right. Therefore, living right does not include the death right. But there is an exception, which is when living right can no longer enable his or her to fulfill his or her obligation: it could enable him or her to give up living right. In that case, euthanasia could be the exception of commitment of living rights. It should be made by the person himself: any other surrogate can never replace it. In addition, we should standardize the prepequise. What's more the limitation to the health rights should reflects on the limitation of the commitment and the custom (the lawful of the destination and the reason enough of the means). The health right commitment should contain the problems in the process of practice. Such as medical, birth-control, sports, organ-transplant, etc. Each activity should contain the commitment of the victim. However, due to the nature and its motion movement, the aspect of the final decision is different.Furthermore, the problems which the victim acts should also be considered. The misunderstanding can be divided into 2 circumstances: one is towards himself, the other to its motivation. The first refers to the commitment which is reluctant: this kind of problem cannot be forbidden. Another kind of category is the misunderstanding of the victim and the misunderstanding of the normal people. It is still according to the autonomy of the victim, and the obligation which could be carried out.The last is the category of the special types of the victims'commitment. The first type is the part power of the victims'commitment: the other is the confirmation of the victim. This kind of commitment is considered to be transferred. The second is the change of the commitment. Another is the over power's commitment. This kind of result should consider the wrong responsible and the obligation of the people. We can make a judge through this. The victim's commitment is the over-power one, this kind of effect surpasses the responsible of the people. The third one is the compound commitment. Due to its uncertainty, it couldn't separate. Therefore, we should also consider this aspect, and confirm its power. Then release the punishment.The second type is the assumed commitment of the victim. It is different according to the different benefit. In concern of the property rights, we should balance the advantage and the benefit. And it also should accord to the approval. Unless this person knows the opposite circumstance. To the very person's own benefit, the person is not allowed to go according to a assumption. It could be done if the person agreed with this aggression.
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