On The Victim Commitment

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 definition of justified act. Victim promise has different punishment effects, and Continental Law System takes it as elimination of misfeasance. The theory of balancing law benefit is capable of comprehensively explaining the base of legal cause on Victim promise. The victim should be capable of promising, and in order to prevent the victim from abusing promise, only when promising to be really under some certain conditions is effective. Life should not be promised, and the behavior based on victim promise should be with social correspondence. In maintaining the current criminal law system in China, regard victim promise as definition of justified act, clarifying in the legislation of criminal penal.