On The Victim

Victim's commitment as legal causes and the criminal principle of exclusive behavior have been widely recognized by most of criminal law scholars. It is not easy to ensure the cases concerning victims'commitment in practice due to our nation's insufficient research on criminal law and no stipulation in criminal law. Meanwhile, the theory also contains the particular values of realizing the criminal law. Therefore, it is quite necessary both on theory and in practice to arouse the law experts and legislators'attention by discussing the system of victim's commitment under the human legal system. There are five parts as follows:Ⅰ.The basic theory of victim commitmentIt is directly perceived of the victim commitment in general through the concept of the victim commitment, its history and the introduction of the study of the victim commitment home and abroad. It is pinpointed that there is indeed the phenomenon of victim commitment in our nation's legal practice. It is of great theoretical and practical consequence of studying this issue.As to the essence of the victim commitment, namely its becoming the base of legal causes, there are plenty of arguments and controversies. The essay believes there are two main reasons why the victim commitment becomes legal causes after analyzing the arguments concerned. One is the criminal law protection of civilian's decision-making power; the other lies in the criminal law protection of social order. On this basis, the essay believes the theory of benefit balancing is capable of comprehensively explaining the essence of the victim commitment. The significance of the victim commitment on criminal law is wide and broad, rather than having legal criminal law effects under any circumstances.Ⅱ.The premise theory of the victim commitmentThe"victim"is a hypothetical concept, compared with the"non-commitment". It extends the scope of victim on the basis of the concept of"victim"(criminal victim) in the narrow sense, including those who are willing to undertake the aftermath of being harmed in the less-strict sense. That is because the behavior of harming the victim commitment will not penalize or reduce the penalization to those who behaved due to the power of penalization and the existence of the"commitment".The conciliation and equity of criminal law is the two inevitable basis of studying the victim commitment. The conciliation of criminal law is the foundation of legalization of the victim commitment, while the equity of criminal law decides the limitation of the victim commitment. The very balance is the victim commitment respect the decision-making power of the victim to the greatest extent under the premise of realization of the justice of the criminal law.Ⅲ.The constructive condition of the victim commitmentThe complete effect of the victim commitment must have basic and limited conditions. The basic conditions comprises: No.1 is principal body condition. He who commits must have the capability of commitment. And the judge of the capability of commitment should take both criminal law and civil law into consideration. No.2 is subjective condition. It can be understood from the points of victims and feasons. The meaning the victim commitment must be true without any flaws, otherwise invalid. And the feason should have some knowledge of the commitments, otherwise it can not be accepted as the causes of being lenient by the criminal law. No.3 is time condition. It is usually considered that the commitment should be made before the behavior, no later than the behavior is occurring, lasting till the performance of the behavior. However, there is also commitment after behavior in legal practice with some spatial limitation. There are two aspects of limitation of victim commitment, which are limitation of the commitment power and social justice of commitment behavior. The commitment is admitted only when there are complete individual benefits, but the rights of life and power of health which risks the life security are excluded. Social justice of commitment behavior refers to victim can not breach the social benefits when he makes commitment to his personal benefits. The behavior must guarantee he will not breach his social obligations when he performs the commitment.Ⅳ.The status of victim commitment in our country's crime system.Victim commitment has its uniqueness and complexity and should be classified as behaviors of no social hazardness. To judge whether a behavior is a crime or not, one must first judge the constitutive requirements of a crime and then the responsibility of the doers. If there exists the right reasons of excluding a crime, the doers will not be convicted or punished. In our country, the right reasons for crimes exclusion is independent from the constitutive requirements of crimes but is part of the crime constitution system.Ⅴ.Reference significance of victim commitment to the legislation of criminal penal. The criminal law system of our country takes the constitutive requirements of crimes as the only standard of crimes judgment. Therefore, when we evaluate a behavior of victim commitment we must first judge from its form whether it accords with the constitutive requirements of crimes and then see whether the behavior has obtained the effective acceptance of the victims. I insist that victim commitment should be clarified in the legislation of criminal penal to fully manifest the fairness of the criminal law. In view of the fact that the system of punishment names is still no perfect in our country, therefore I suggest the method of classifying the relative problems of victim commitment into the behaviors of crimes exclusion to stipulate in principle in the general rules and stipulating in detail the victim commitment in the supervisions to increase the practicality of conviction and punishment.