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A Preliminary Study On The Determinants Of Victim 's Commitment Ability

Posted on:2015-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:S HuangFull Text:PDF
GTID:2176330422473103Subject:Punishment law
Abstract/Summary:PDF Full Text Request
The victim’s consent is one of the legitimate grounds. The victim’s ability toconsent is one of the elements of the victim’s ability. It indicates that the victim has acomplete understanding, he can recognize the contents and consequences of hisconsent, and express his consent correctly. This paper holds that, when the criminallaw defined directly, the judgement shall subject to the provisions, when theprovisions are in absence, it shall not be based on the civil capacity, and it also shouldbe distinguished from criminal responsibility. A unified and quantitative standard ishard to be given to determine if the victim has the ability to consent. When judgingthe victim’s ability to consent, we should consider the victim’s understanding mainly,and consider the victim’s rationality, intelligence, age and other facts in general.As one of justifiable reasons,the theory of victim’s commitment is about thedivide between the private right of the citizen and the public power of the nation andthe society,which has also reflected the national orientation in the different legalorders and values.Many countries in the world have made different conditions for theexistence It is not easy to ensure the cases concerning victims’commitment in practicedue to our nation’s insufficient research on criminal law and no stipulation in criminallaw. These ideas are presented from perfecting the law and sloving theproblems ofsocial,according to our country’s congdition and the foreign experience.
Keywords/Search Tags:the ability to consent, provisions in the criminal law, civil capacitycriminal responsibility, understanding
PDF Full Text Request
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