The Study Of Victim's Commitment In The Background Of Criminal Law Of Human Rights

In recent years, committed to physical injury, organ transplants and other examples relating to commitments are revealed in everyday life there has become a hot topic in academic circles, the Victim-depth study of theory help to solve these practical problems. Victim theory is justified criminal behavior is an important issue. China's Criminal Code, the legitimate ground provided only self-defense and necessity, but in criminal law theory on the other legitimate ground is also recognized. Victim of the national public power and private rights of community citizens were divided domain reflects the law of individual rights and free will respect and comply with the Civil Rights Criminal Law of the times. Victim's becoming a legitimate ground mainly due to the task of criminal law is to protect the legal interests, rather than punish criminals, because there is no more arbitrary state criminal law to punish crime. Therefore, the victim voluntarily give up its ability to dispose of interests, should be allowed, the State has no reason to intervene, the State should deal personal legal interests of crime with limited judicial resources. Legalization of euthanasia does not meet our national conditions.Victim justified under various theories as to say that the most reasonable measure of interest. Victim behavior based only meet the proper commitment and conduct proper establishment of two elements to it negates the crime. Commitment to the effective establishment of conditions of the victim is the focus of this paper, including the conditions of victims and perpetrators in terms of two parts. Specific commitments, including former victims of competence, commitment subject, time commitment, but does not require a victim to have the kind of motivation (such as legal recognition of our commitment to adultery); which specifically include the offender must understand the victim's commitment to act must be inflicted commitments within the scope of harmful conduct is not prohibited under the Criminal Law (such as commitment to the victims and perpetrators to cheat insurance harm themselves). Victim presumption can hedge or without attribution of emergency management theory because there is no need for a new theory asking for trouble.Victim-based factors and considerations restraining criminal law principles, the proposed general provisions in the Criminal Code is committed to following the addition of the victim and the self-defense after an emergency hedge the third legitimate ground; commitment to achieving the victim causing serious injury and murder The perpetrator punished more leniently. Sub-rule, the abolition of girl sex crimes; cancel accommodating others on drug charges. Criminal law should not adjust these acts do not represent their legitimacy, we can adjust these acts by the "Security Management Punishment Law".