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Research On Victim 's Commitment In Criminal Law

Posted on:2017-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:M MaFull Text:PDF
GTID:2206330503965175Subject:Law
Abstract/Summary:PDF Full Text Request
In China, the victim commitment is a theory focused and discussed by many criminal law scholars, and still need further study, and this theory is essentially a citizens’ private rights with the national public power field integral theory. Victim Commitment is generally fingering benefit main body told or promised to others for their legal interests damage behavior. It is regarded as a kind of resistance is illegal by and accepted by many countries in the world at the present stage, some western developed countries but also writes it to the criminal law. China’s criminal law did not clear stipulation on the theory and the domestic law influenced by standard ideas, the study of this aspect is still very not perfect, there is the argument of the relevant constitutive requirements of the theory, but also from another side, reflects the value of it is worthwhile to explore the theory, and with the economic development and social progress, the victim more intense commitment theory discussion, also will be more clear.This paper for the victim to promise the definition, and describes the present situation countries around the world on the theory of legislation, through the analysis on the effectiveness of the victim promise constitutive requirements to strengthen the theoretical basis, and then put the victim commitment theory of punishment law further expounds its should play the role of a category, and to the possibility of this theory is used to perfect criminal legislation Suggestions are given, finally, the hoisting height in this paper, the theory of the social progress of deep influence in our country. Innovation is that commitment is an important means of protection of rights and interests of the victim, the victim against the rights and interests of the victim loss and can be used as a national compensation’s lead, is the embodiment of the highest level of respect for human rights in our country, the victim promise as soon as possible and hope for the domestic legislation, completes the foundation work.
Keywords/Search Tags:The victim, Effect of criminal law, Constitutive elements, Perfective analysed
PDF Full Text Request
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