Thc Victim's Consent Doctrine

The Self-decision Right is the important part of the Human dignity,a person has the right to choose the state he wants to be.The Legal order should allow citizens to decide according to their own values and dispose their personal lives,and this is also the assessment of a country's level of development of important human rights standards. In criminal law,the syetem of the victim's consent involves a lot of important issues of criminal law theory,and became the State Power and the coordination of individual autonomy, conflict and coordinate scope.The article is divided into five parts, the main line of this paper is the right of self-determination,Following by the concept of victim's consent,systemic statusjustification basis,and the establishment elements of the victim's consent theory.Chapter 1,it introduced the victim's consent briefly,in order to define the conception of victim's consent accuratly. Chapter 2,it studied the victim's consent of stuatus in criminal law, introduced Monism theory,Dualism theory,and other correlate doctrines,by Compared and Analysied,finally present the appropriate view of this problem.Chapter 3,the article analysed the theory on justification basis of victim's consent very closely.such as the theory of measuring interest,and so on. The artcle hold that Self-decision Right is the core value of the system of the victim consent, but the "law to protect the interests of giving up"is the most powerful interpretation of the effectiveness of the doctrine of consent. On this basis, following the conditions of the victim's consent, Why does the victim's consent can eliminate crime, and why does it change crime to legal behavior? Many questions could be resolved.So, based on the analysis of former ideas, The ultimate objective of mordern criminal law is to protect the individual's self- realization.Chapter 4, is focuses on the composing elements of victim's consent, including the subject and object requirement of the theory,consent authority, Time, Content and Authenticity of consent. This is also the focus of recent research in Japan criminal theories, reflected a shift in the trend of this syetem in Japan Criminal law. The Fraud, false promise defect,and the problems of helping self-slaughter and wound by will is the main discussion in this article.Chapter 5, The Paper inspected the arbitrary behavior and sports injury medical prombles which involved in the victim's consent, and combine with cases in determining the limits of the individual self-determination right.and discourse upon the status of victim's consent in chinese criminal law,and put forward some suggestions,as the chinses society grows,the new problem will come out frequently.therefore,we should do more research on these problems,expound and prove them,finally amend the old one,which can make our law be profect.