On The Consent Of Victim

The victim consent originated in the "non-consent for the harm" rule.The basic meaning is that if people agree with the actions of others, the one did not suffer from actions of others , that is, the act is not against the law. Targets of the victim consent should include acts and the sure results of the damage , but also the uncertain results of the damage. The legal nature of the victim consent should be viewed as meaning show instead of quasi-legal acts. According to external expression in the way, the victim consent can be divided into the explicit of victim consent and implied of victim consent. According to the consequences of damage whether can be sure , the victim consent can be divided into the victim consent (narrowly) assumption of risk; According to the both views on specific acts or damage whether are consistent, the victim consent can be divided into the unilateral promise and the exemption clauses.Although laws of Germany, France, Britain and the USA are different on the effectiveness of the victim provisions, can come to a same result that perpetrators do not take responsibility or less responsibility. China should view the victim consent as the factor which make anti-law negates. Because that the victim has agreed to some others harm his own legitimate rights or interests demonstrates the victim thought over the advantages and disadvantages and made their own choice. But the right of the victim's choice independently should be protected reasonably adequately in so a society, in which free is increasingly emphasized. Denial of the illegal of acts is the result of protection the ranker law interests, which is tort laws are measured in a variety of law interests.A effective victim consent should includes the following factors: the people of consent must have the capacity of consent, the subjective conditions of the victim must be knowing and voluntary, the content of consent can be consented, and the consent must be made before of the results and clarify the meaning clearly.China's existing laws on the victim consent have not yet made provisions clearly, which failed to show the benefits of the victim consent and provide the legal and legitimate basis as the excuses of defence on the victim consent. So the future tort liability law needs to be made it clearly and to enable it to play its role effectively.