The Commitment Of The Victim In Criminal Law

The promise from the victim, means that the consent which Law benefit main body gives to other person who will have behavior of infringement to him.This theory is under a far-ranging discussion under the civil criminal law countries like Germany. Comparatively, Chinese civil criminal law circles pay little attention to this issue.Although, compared with the whole system of criminal law, the issue of promise from the victim is a very small problem. But it is a issue which one change makes all changes. It is full of speculation itself. Its nature and status determines that it is of great importance to formation and sentence of the crime.So, it is necessary to have a analysis about this issue!This thesis starts from the historical origin of the promise from the victim, and its current status in different countries and districts. Combine with various views from the theory circles, doing an analysis one by one of its concepts, nature and legality.By analyzing the substantive characters of the promise from the victim, realize again its nature and status in current criminal law system in our country. Link the theory with practice, analyzing the conditions of the promise from the victim, and to acquire a more specific understanding for its regulations. In the end, discuss some puzzling problems in current judicial identification!Nature of the commitments on victims, "suit" and "consent " of dualism, the subject negates the constituent elements of a compliance and negates the law of monism monism the subject of three views.Dualism insists term negates the constituent elements of a compliance as "suit", and terms negates the incidents of law as "consent".For monism which emphasize negates the constituent elements of a compliance, it believes that the promise from the victim should be solved. On condition that it is effective, it has the effect of compliance.On the contrary, for the monism which emphasize negates the incidents of law, is the beneficial party renounce the protection of law, then there is no necessary for the law to protect him. So, such kind of infringement can not be treated as illegal. I think that the dualistic view is reasonable. But in our system of four element s constitute the crime, the Victim is difficult to find a suitable location, only in accordance with regulations of the law negates the subject of super-treat. So, the theory of the promise from the victim introduced in our criminal law system, which recognize its the legal status, and it will be very useful for solving the contradiction between breaking the criminal and actual law, also the contradiction between law and emotion.About the legal basis of the promise from the victim, in Germany, it has legal act theory; benefit renouncing theory; law protection renouncing theory, and the theory of benefit measurement.In Japan, it has the theory of renouncing legal interests; social equity theory, and the theory of benefit measurement.This thesis start from the nature of criminal, the value of law, and the function of criminal law, to analysis legal basis of the promise from the victim.This thesis starts from the object of promise, subject and subjective condition, the realization of promise, and the time of making the promise. Using totally six points to analysis the requirements of the promise from the victim. In the end, it raises my own opinions and proposals towards:the exhortations to kill, euthanasia, medical and surgical acts, trafficking in women. Also the behavior of living organ transplants under the Criminal Law Amendment (eight), thirty-seven clauses.