Victim's Consent

From the legal proverb"the behavior acquired the promise dose not break the law", the problem of the promise from the victim comes into being. The theory contains tremendous value in criminal law and has particular value orientation for achieving the goal of the justice of criminal law. Victim's consent as legal causes and the criminal principle of exclusive behavior have been widely recognized by most of criminal law scholars. It is not easy to ensure the cases concerning victim's consent in practice due to our nation's insufficient research on criminal law and no stipulation in criminal law. So that, regardless of being theoretically or in the practice has further discussion value to it. Therefore, this article wants to arouse the law experts and legislators'more attention by discussing the system of victim's consent. And the author advocates that along with to victim's consent fundamental research and the criminal justice practice question's solution, pledges it in the penal code. There are five parts as follows:The first part is about the fundamentals of the victim's consent . First of all, the victim's consent in Western state system is more mature theory, Introduction to Western countries it studies the issue, and secondly, the victim committed under different legal systems to study the legal effect, and focused on criminal law theory and in our country system in our criminal law system that the legal effect.The second part is concerning the essence of the victim's consent. Academics on this issue is currently divergent, forming a variety of theories. This paper compares the advantages and disadvantages of various theories put forward to measure the interests said. Interests of the measure say that other doctrines to avoid the deficiencies, and some of them to be absorbed reasonable.The third part discusses the establishment of Victim conditions. The victim's consent including two parts: First, the basic condition of the victim's consent; Second, the limited condition of the victim's consent. The former mainly includes the main body of the victim committed to restrictions on the victim's subjective understanding of commitment and the commitment of the said elements and time elements. Restriction are two major elements of the restrictions, one horizontal restrictions that limit the scope of legal interests, and the second, against the degree of vertical restraints that limit violations should have the social equivalence.The forth part discusses the victim's consent that is based on deducing. Including the establishment of elements of the basis and justified. While many of the comparison made on the basis under the doctrine of law and social benefits that a considerable measure of binding said. Presumed commitment to the particularity of its commitment, the establishment of conditions in different, in general, include the following: dealing with matters of urgency, help the victims of purpose, commitment to the possibility of the victim and on the legitimate ground being harmony of the society.The fifth part is about Victim Related Issues. This section is divided into two aspects: First, the article introduces victim's consent in our country's present research situation, and analyzes the correlation relations with some hot topics such as legitimacy of euthanasia and organ transplanting. Secondly, the author suggests that the method of classifying the relative problem of victim's consent into the behaviors of crimes exclusion.