On The Victim

Victim promise can be traced thousands of years ago. Except few countries and regions, most countries and areas in the world has no specific provision on Victim promise, they regard it as supra-law ground for elimination of misfeasance. Victim promise has different punishment effects, but taking it as a fact for preventing constitutive requirements seems more rationally, and it also has meanings to do good for our penal code. The theory of balancing law benefit is capable of comprehensively explaining the base of legal cause on Victim promise. In order to prevent the victim from abusing promise, only when promising to be really under some certain conditions is effective. The victim can deal with all individual benefits except life freely. Forbidding the victim to give up his rights of life, essentially, is one kind of criminal policy, is to carry out the reason need. Under the conditions where the victim has wrong knowing, it's too complicated to judge the validity of his promise. Motivation mistake also may affect the promise validity. The theory of allowing danger can explain the legal cause of deducing promise. But, the circumstance suitable for deducing promise should be confined strictly.