Victims In The Criminal Law Commitment

This article altogether divides into four parts besides the introduction and the conclusion:First part: The victim's commitment origin and development present situation. In the criminal law the concerned victim's commitment the theory has the profound historical origin, may trace most early to B.C.E. ancient Rome jurist Ukraine you compares a speech which where it "Theory Assembly" in the 47th volume writes down: "Thing which occurs by victim's will, is not illegal". In the mainland legal system country criminal law, some national criminal law define explicitly the behavior which the victim commitment prevent illegality; Some countries define explicitly the victim to pledge behavior anti- actually illegality, but in judicial practice its explanation for ultra laws and regulations illegal anti- actually matter. In the British and American legal system country, its crime constitution presents uniquely "double-decked controls debates the balanced pattern". In this kind of double-decked pattern, the victim's commitment exists in the second level responsibility sufficient condition scope, is negative removes one of responsibility matters. In our country criminal law, the victim's commitment and the justifiable defense, urgently takes refuge from danger corresponds is the ultra laws and regulations removes criminal.Second part: The victim's commitment criminal law essence. This part has explained the criminal law essence question from following several aspects which the victim's commitment, first, the criminal law effect which pledged about the victim, the mainland legal system country criminal law theory differentiates the victim "to agree" and "commtment", the agreement is refers to constitution important document behavior itself the establishment is take the benefit person's wish as in the premise crime constitution benefit person's granting. In the agreement situation, anti- lacks is not behavior illegality, but is the behavior constitution important document deserves the nature. The pledge refers to granting which concrete method profit all people expressed. In this kind of situation, even if has victim's pledge, protects the law profit still received the violation. Here victim pledge is anti- deserves one of actually constitution important document behavior illegality matters. Next, this article thought the justified basis of the victim's commitment lies in the civil liberty independent decision-making power and the citizen pledged gives up between criminal law protection...