Research Into Victim's Consent Of Right To Life In Criminal Law

Right to life is the most important legal interests relating to life health and society development, the prevalent system stands by the denial point to victim's consent of right to life, but the phenomenon of victim's consent of right to life do be existed in reality, and also become more and more complicated with the society developing. Such as signature of consent with the risk of death outcome after operation in medical treatment, informed consent about the severe result of test in human medical test, the both sides' acceptance for the outcome of transplanting the irreproducible organ in flesh organ transplant, the all above embody that the law system admit implicitly the victim's consent of right to life now.With the society developing and medical progress, the social relations referring to the victim's consent of right to life will be more and more intricate, the law can't cope withprotecting the human non-person's life and the severe barrier children lives etc. So on the base of victim's consent theory, the article analyze the reality accordance, theory accordance, classification and legislation feasibility of victim's consent of right to life, and point out the special victim's consent of right to life will be legal behavior under certain conditions. Certainly, the elementary research have no wild wishes to own a conclusion, but to open the new angle to research on it.Firstly, the article elaborate the elementary theory of victim's consent of right to life, and analyze the relative concepts and the character's structure. Exemplified by the development of victim's consent of right to life in country and abroad, the article lists the conflicts between existence of life consent and lack of legislation, and suggests the feedback system on legislation in our country.Secondly, the victim's consent will make the specific damaging behavior be legal under a series of limited conditions, based on the mentioned before, we can use the theory of crime modality, the harmfulness of crime to society, the active crimepurpose to study the victim's consent of right to life and lists the specific limited conditions: the consent content, the right to consent, the consent person and ability, the explicit consent purpose, informed consent, true consent and the legal procedure of consent of right to life to ensure the legal effect.Thirdly, the article analyze every type of the victim's consent of right to life. Among these types, medical treatment, human medical test, flesh organ transplant and euthanasia are legal in criminal law under certain limited conditions, but suicide, assistant suicide, kill on victim's consent are not legal consent of right to life.Last. I put forward four principle to legislation of victim's consent of right to life: the good code goal, principle of suiting responsibility and punishment to crime, protecting the quality and quantity of right to life, the scientific legislation of criminal law, and suggests how to build up the system of victim's consent of right to life.