Research On Victim's Commitment In Criminal Law

Victim's commitment means that the legal interests'owner allows other people to violate his controllable rights. There is much dispute on the term in our criminal theory circle. The dissertation discusses the victim's commitment as a cause of justification with particular result. Therefore, using this term is the result of differentiation and judgment.In the system of crime constitutions in Continental Law system, victim's commitment is a cause of preventing illegality. In Anglo-American Law system, it is a cause of legitimate defense. In our existing system of crime constitutions, we should bring victim's commitment into the crime object item to research. It is a cause of preventing crime object. Comparison of legal interests for predominance and Social correspondence as complement, which combine to define the justification basis of victim's commitment is more overall. The behavior according to victim's commitment could be justified act with both side items that are justifiability of the commitment and the act.Presumptive victim's commitment is a cause of justification under special circumstance. Its justification basis is Comparison of legal interests. The behavior could be justified act with these items include existing emergent condition, for the benefit of the victim, the possibility of presumption and social correspondence of act manner.