On The Constructive Consent Criminal Law

Through the constructive consent concept, classification, justifiability of the basis, so that people have the understanding to the constructive consent, and on this basis that the use of the benefit measure principle to the constructive consent that the proper interpretation of the issue will be reflected more in accordance with as profound and comprehensive. Although we reknew the constructive consent establishment condition, in practical or theoretical circles there are similar to the constructive consent existence but can not establish constructive consent of some cases, therefore, to clarify the constructive consent fuzzy boundaries, on the part the constructive consent of several associated with the concept of comparative studies, there are mainly: 1, and the victim's commitment boundaries; 2, and emergency against danger boundaries.Constructive consent establishment condition. Specific include: first, the urgency of dealing with matters; Second, the possibility of commitment to the victims; Third, the purpose of the relief of victims; Fourth, the social behavior of the acts; Fifth, the scope of the commitment restrictive.The constructive consent phenomenon is widespread in society, at the same time their behavior is the subject of legitimate crime, it negates the perpetrators of the illegal acts, therefore medical treatment, illegal intrusion into residential acts as a visual angle, this paper discusses constructive consent disclaimer subject matter.