Research On The Issues Of Victim's Consent

One of the most important functions of criminal law is, protect the law benefit, for it is indispensable for ensuring individual's free self-realization. China is a state with statute law, the court follows the law to judge the crime, but it will lead to unfair judgments more or less. This paper aims to discuss the problem on victim's consent, which means the behavior under the victim's consent is not illegal. It tries to investigate this questions base on the policy of Chinese criminal law. From the point of view of current Chinese criminal law's theory, we did insufficiency study on this topic, which isn't expressly stated in China's Criminal Law. However, studying the law of victim's consent with its legal principles, and how it is composed, all the questions above will be benefit a lot on how to understand well of Chinese crime constitution theory, and how to deal with the medical treatment, euthanasia problem.It is generally acknowledged by most legal specialists that, what victims' consent is a key to hold back illegal behaviors and to rule out criminality. But this does not attract much attention from academia and is not clearly stated in the criminal law, leading to an inaccurate judgment of such cases in practice. Therefore, the principle deserves deeper study both in theory and practice. The author intends to evoke more concern for the issue from law circle and law-makers by doing more research on it, and also claims its entry into the criminal law. More details are as follows:Chapter 1, it summarized the victim's consent. Firstly, the paper briefly defined the crime victim and victim's consent. The former is totally different from the latter. On another hand, on the basis of the definition, the paper summarizes the behavior on the victim's consent. The general idea of the behavior on the victim's consent, the history, and the rules in different countries, they all lay a foundation of this topic.Chapter 2, it classified the victim's consent and its legal base. Why does victim's consent can eliminate crime, and why does it change crime to legal behavior? This question has obsessed all the criminal law's experts. Obviously, the countries with different law system have different classification of victim's consent. Followed by the difference, there are hundreds of theory is coming out with victim's consent law base. Based on the analysis of former cases, the author considered the main function of criminal law protects the law benefit, not maintain the social ethics order.Therefore, when the victim gives up the right of law, which is permitted. It means that all the behaviors under victim's consent should be legal. The ultimate objective of morden criminal is to protect individual's self-realization.Chapter 3, the paper focuses on the established conditions of behaviors committed by victims, including consent authority; the necessary conditions in which victims make consents (which include: the Subject, Object, Time, Content and Authenticity of consent); components of actors (which include: The way do the actor understand the victim's consent, The equivalence of what actor do and what victims consent, and The equivalence of what actors do with social suitability). The reason why the victim's consent being a factor holding back illegal behaviors is that, the established conditions of behavior under victim's consent must be in accord with certain standards. The author will make further study of problems involved.Chapter 4, the author will discourse upon the status of victim's consent in Chinese criminal law, and put forward some suggestions. In the writer's opinion, as the Chinese society grows, the new problem will come out frequently. Therefore, we should do more research on these problems,expound and prove them, finally amend the old one, which can make our law be perfect...