On The Victim's Criminal Substantive Right Of Disposition

The earliest form of the victim criminal substantive right of disposition is"Blood relation revenge"on Clan society. After the state is born, it hold the power of penalty and the individual does not have the handling power to crime. Anyway, the harm degree of the crime evaluated by the victim is the most appropriate because the crime direct violation object is the victim. So the state stipulates the crime handled only with complaint, which is the lower social harm and the victim has special relationship between the victim and the criminal. To the crime handled only with private prosecution, the criminal responsibility will be avoided if the victim gives up prosecution. The theory on the victim's commitment acknowledged that the disposition of the victim's substantive right can removes the crime of the violation. In addition, the victim's right of disposition to his substantive right is the premise of the victim-offender-reconciliation under the restorative justice. However, the concept of the victim's criminal substantive right of disposition has not been put forward because being lack of research. This article will put forward the concept of the victim's criminal substantive right of disposition and do some research on it. The article is divided into three parts.Partâ… : The outline of the victim's criminal substantive right of disposition. Firstly, the part introduces the usual concept of the right of disposition and it's evolution process from the field private law to the field public law. Then, putting forward the concept of the victim's criminal substantive right of disposition and analyzing the inevitability and the characteristic of it. At last, introducing the history and status quo of the victim's criminal substantive right of disposition.Partâ…¡: The Analysis on the theory and value of the victim's criminal substantive right of disposition. The part is divided into two sections. The first section is the theory foundation related to the victim's criminal substantive right of disposition: the value of criminal law; the essence of crime; the legal relationship of criminal law; the goal of penalty. The second section is the value of the victim's criminal substantive right of disposition: freedom; justice; tolerant; efficiency.Partâ…¢: The realization and limitation of the victim's criminal substantive right of disposition. The part is divided into two sections. The first section is the Realization way of the victim's criminal substantive right of disposition: the crime handled only with private prosecution; victim's commitment; the victim-offender-reconciliation. The second section is the limitation of the victim's criminal substantive right of disposition: the right scope and the right potency.