Research On The Victim's Commitment

The victim's commitment as an illegal pleadable reason has been acknowledged by many countries. From its long history development and the importance that the county attaches to, we can see the significant criminal law value. Due to the deficient attention paid to it, there is not enough study on the victim's commitment. Usually it is taken as a legitimate reason .Though the criminal law in our country doesn't give a specific definition, the victim's commitment as a principle to get rid of the illegality has been acknowledged by many criminal law scholars. They just argue against the effective elements. In the process of dealing with relevant cases in the juridical practice, there are also approvals to the victim's commitment to a certain degree. It is useful to study victim's commitment, examine the legal basis for victim promise and set up conditions and terms of reference for the correct understanding of composition theory of crime. It has an important and positive significance and will improve our criminal law system, correctly and efficiently deal with relevant cases in the judicial practice, and protect the citizens of its sole discretion.The writer hopes to call more attention from the academic about criminal law and legislators to study the victim's commitment. By scholars'depth of thinking, they can finally establish its position in the criminal law.In the first chapter, the author first introduces the concept of victim's commitment, and gives a brief introduction to its development history. This part serves as a foreshadowing. Then the author introduces the current study on the victim commitment in the Anglo-American law system and the Continental Legal System and provides a reference for the establishment of victim's commitment system in China. At last, the author describes the significance of establishing the victim's commitment.In the second chapter, the author researches the basic theory about victim's commitment. First, from an ethical point of view, the author illustrates that the existence of victim's commitment is reasonable. Second, the author introduces and discusses various documents about necessity of the existence of the victim's commitment and determines the theoretical and legal basis. Finally, according to different situation having different legal effects, the author classifies the victim's commitment.In the third chapter, the author discusses the effective constituent element of victims'commitment, which is committed to the core of the victim, and also the main part of this article. Only by establishing the elements firmly, can we identify it correctly in practice. Secondly, the author analyzes and limits the scope of the victim, from the right to life, health, property and other aspects and explores the victim commitment in the practice of euthanasia, medical practices and other related issues in order to protect the personal right in the maximum extent which is permitted by law and achieve personal benefits. Finally, the author gives a brief introduction to constructive commitment, and compares it with victim's commitment, so we can have better understanding and master the victim's commitment.The fourth chapter in the article, the author introduces the current provisions of victim's commitment in the mainland of China's and discussed the commitments of the relevant provisions of the victims in the region of Hong Kong, Macao and Taiwan of China. Second, from the perspective of history, the author explores the reason for lacking study on the victim's commitment in China. Finally, discusses the development prospects of victim's commitment in China. In view of the insufficient study and the difference between China's constitution of crime and the continental system, we can first make a general provision to, and also temporarily introduced a number of judicial interpretations, after the full study on the criminal law theory, gradually improve and perfect it through legislative changes.