Research On The Effectiveness Of The Victim's Commitment In Criminal Law

Victim promise, in the criminal law means that the victim grants other people the behavior which violates to own legitimate rights and interests. In modern times, the victim committed the effectiveness of the criminal law was gradually accepted by all countries. In the Criminal Code, the two kinds of self-defense and emergency situations can serve as a hedge to exclude the subject of crime, the victim pledged that has not clearly stipulated. However, because the criminal law general rule had not stipulated explicitly, lead to the limitation unavoidably for the judicial practice, cannot be suitable this theory accurately. The victim promise the potency recognized that the aspect has many problems. For example, the victim promise the legalization basis, the victim pledged criminal law potency in our country's manifestation, and pledges the main body age limit question and whether our country does have the after consent. As well as the much-debated commitment to the victims in the application of euthanasia, these are discussed in this paper will be theoretical difficulties arose in practice and application problems.This article divides three following parts together besides foreword and ending.The first part, the victim committed to justify the criminal law system and theory. First of all, the victims of the criminal law to justify commitment to a global system of inspection, See the commitment of national criminal law theory, the importance attached to victims so that victims of commitment I have to think why the theory would be applied to criminal law, Thus anti-actually behavior illegal. I promise from the victim to justify the theoretical basis to start to study why the victim committed unlawful act may be waived, so that the establishment of the perpetrator's behavior is not criminal.The second part, the victim and the victim committed the criminal effect of commitment to the effective composition of elements. In China, there are two major types of Commitment to the effectiveness of the criminal law of victims. The third part, the victim promises the applicable knotty problem is studied in our country. The author of this chapter will focus on from our practice in two kinds of difficult cases, analyzes the specific application of euthanasia, as well as whether to recognize the validity of subsequent commitments.