On The Victim 's Promise

The theory of the victim which comes from a maxim " The behavior of getting the victim promise is not illegal " is very important to the research of the criminal jurisprudence and the improvement of criminal legislation system. It has been widely recognized and accepted by many countries and regions of the world, and also been regulated and reflected in their legal system. The victim promise, also known as the victim consent, refers to the freedom punishment which is made by the beneficiary under the permission of law for their own legitimate rights and interests. When the citizens hold the advantages in the game between self-determination and stricken legal interest, the injurious behavior of the actor is not illegal and punishable. The research of continental law system on this theory is relatively mature, regarding it as a cause of illegal deficiency, while our country is lack of related regulations, seeing it as a legitimate cause of super regulations. The research of victim commitment theory has important guiding significance to judicial practice, it can not only perfect the criminal law but also solve the complex social problems. This study considers victim commitment theory as the main research content, trying to clarify this theory from its theoretical foundation, established condition and so on. It has reached the purpose to distinguish the problem of conviction and sentencing in the theory of victim commitment, making it protect people better and realize the function of punishing crime.