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Victim Commitment To Several Issues

Posted on:2013-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:L P KongFull Text:PDF
GTID:2176330422457795Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of the Victim is one of the important theoretical issues in thecriminal law in a foreign country, whether it is the issue of civil law or common lawhave achieved certain results. In the country, China is not to be special provisions forvictims commitments, but the victims commitments or further explore the value andsignificance. This paper attempts to the value of the commitment of victims to justifyits establishment of elements of the new level. Specifically, the value basis of thefollowing three parts: Part I: victims commitment. Part from the criminal law on theprotection of freedom of the Criminal Code Modesty two aspects to explore, first ofall through the respect of the criminal law on the freedom of the individual to explainthe freedoms enjoyed by the interests of the body of citizens has a higher value thanin the other interests;"criminal Law complementary economy in crime, thepunishment on the use of" reflect the criminal law Qian Yang. Part II: commitment tothe basis for justifying the victim. The part through the comparative analysis ofvarious theories and justified according to the definition of commitment to the natureof the victim leads to victims commitment is a commitment by the victim behavior isnot harmful to the society. Part III: the elements of the establishment of the Victim.The main elements of the commitment from the victim, the subjective element, theelement of time and limit elements described. The first is the judgment of the abilityof victims commitment, making a commitment to the lack of commitment ability, itsagent, on behalf of said commitment to the commitment invalid; Second, the "meanand mean direction that a comparative analysis of proposed intention said,"more inline with the practical operation; again, the victim made a commitment of timeelements must be made before the behavior, as; Finally, the elements of the scope ofthe commitments people make a commitment.
Keywords/Search Tags:Value basis, Justified in accordance with, Established condition
PDF Full Text Request
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