On The Victim's Commitment In Criminal Law

The victim's commitment means that the legal interests' owner allows other people to violate his controllable rights by the particular model. The victim's commitment that has carried on the division of the national civil rights and the citizen private power's border area under the maintenance criminal law, and has manifested the respect of law to individual rights and interests and free. At the same time, this theory also contains that realizing the unique value of criminal law. Therefore, it is necessary in theoretical and practical areas that through the discussion of victim's commitment to arise attention of the criminal law scholars and legislators in government by friendly law day by day.This article altogether divides into five parts besides the introduction and the conclusion:The first part: Overview of victim's commitment. At first, this part introduced the theory's historical origin of victim's commitment briefly, to establish preliminary understanding of this theory. Then from the dispute of the name of victim's commitment in criminal law world, before discussing the concrete theory which the victim's commitment, pay more attention to the combing and analyzing of the effects of victim's commitment in the criminal law, to have a clear limit of the name.The second part: The legal basis of victim's commitment. From analyze the essential formerly understanding of victim's commitment. We believe that the victim's commitment becomes the legal basis has two reasons: First, Individual freedom protection and safeguard by criminal law; Second, Criminal law protection and control in social order. It will manifest more profound and comprehensively on the essential question of victim's commitment by Comparison of legal interests. The third part: The constructive condition of the victim's commitment. The author attempts to recognize the constitution of the victim's commitment on the base of clearly recognizing to the essential question of the victim's commitment. The author believes that the constitution of the victim's commitment including two parts: First, the basic condition of the victim's commitment; Second, the limited condition of the victim's commitment.The fourth part: Comparison of Chinese and foreign criminal law. By the researching on the related laws and the theories of different countries and districts that belongs to the Continental law system; the Anglo-American law system and our country. It helps us to solve a series of related questions and discover the regular characteristics to instruct our criminal legislation.The fifth part: Reference of victim's commitment for our criminal law. To fully manifest the fairness of the criminal law, I insist that victim's commitment should be clarified in the legislation of the criminal law. In view of the fact that the system of punishment names is still no perfect in our country, therefore I suggest the method of classifying the relative problems of victim commitment into the behaviors of crimes exclusion to stipulate in principle in the general rules and stipulating in detail the victim commitment in the supervisions to increase the practicality of conviction and punishment.