On The Victim's Consent In Criminal Law

One of the most important functions of criminal law is to effectively protect law benefit, especially when the victim's law benefit infringed, rigorously pursuing the criminal responsibility so as to guarantee the social stability and order. With strict compliance with the Criminal Law Legality, in some specific cases, the penalties often lead to unreasonable results, especially when it relates to the victim's consent. Chinese criminal law doesn't have any provisions on the victim's consent, and thus in judicial practice, judges often treat it as ordinary criminal cases. It will result in unequal punishment. Based on the legal motto "be committed to the behavior is not illegal", the paper aims to discuss the victim's consent with its legal principles, and how it is composed. It will benefit a lot on how to understand well of Chinese crime constitution theory and how to deal with euthanasia problem.It is generally acknowledged that the victim's consent could hold back illegal behaviors. Although the behavior violates the rights of victim in form, duo to the existence of victim's consent, such behavior is accepted by victim. It reflects the protection of the victim's free will by criminal law. Nowadays, especially in the countries under the rule of law, rights and freedom are regarded as the most important social value. Thus, the study of the victim's consent in criminal law has great significance for the completion of theoretical system of criminal law and the guidance to the administration of justice. The paper is divided into four parts:The first part introduces the historical origin of victim's consent and its development. And then it sorts out the different rules in different legal systems, such as continental law system, common law system and the system of Chinese criminal law. With comparative study, it emphasizes the theoretical basis of its legislation.The second part introduces the criminal effect and legal basis of the victim's consent. Firstly, it studies the concept of the victim's consent, in order to get a clear definition. And then it analyzes the criminal effect of the victim's consent, giving more emphasis on its justification. It will manifest more profound and comprehensively on the essential question of victim's consent by comparison of legal interests.The third part classifies the victim's consent in order to grasp the key points of the conception. It focuses on the established conditions of behaviors committed by victims. The author will make further study of such problems and believe that the constitution of the victim's consent includes the basic and limited conditions.The fourth part introduces the concrete application of victim's consent in legal practice. And then on the basis of the previous discussion, the author tries to put forward some legislative proposals.