Research On The Victim’s Commitment In Criminal Law

As one of the reasons for justification or a reason removing social harm, victimcommitment has been wildly recognized by more and more countries in their legalclauses. But in China the relevant research is comparatively weak. It is usually takenas a illegitimate reason, as we have no clear provisions on it. Therefore, I choosevictim commitment for the study, hoping to araise the attention of theorists and affairsdepartment,and then serve the criminal justice practice in China.In addition to the thesis studies, the theory of victim commitment is divided intofour aspects:Chapter Ⅰ gives an overview of the theory of victim commitment. The historicaldevelopment of victim commitment, the introduction of the concept of victimcommitment, and the analysis of the situation are briefly reviewed in order to give thereader a basic understanding of victims commitment.Chapter Ⅱ discusses the basis for justification of the victim commitment, mainlythe theoretical analysis. In order to answer the question why the victims commitmentcan exclude criminal force, why the victims commitment can become a legitimateground we must clear the essence of victim commitment, which is the key anddifficulty of this thesis. Various doctrines will be discussed one by one, andmeasurement of legal interests will be highlighted. Lastly, the different effectivenessof victim commitment is briefly described.Chapter Ⅲ discusses the Deep-seated basis for justification of the victim commitment The reasons of the existence of the victim commitment are brieflyintroduced. The theory of the victim commitment can reflect the citizens’ rights offreedom and independence. And the theory of victim commitment reflect the modestyof criminal law. It also can improve the status of the victim in the criminal lawrelationship effectively.Chapter Ⅳ gives the elements of the establishment of the victim commitment.The first level: the basis elements of the victim commitment are clearly defined oneby one, including: the subjective element, the subjects of the consent, the time of theconsent. The second level: the restrictive elements of the victim commitment,including: the scope of the consented legal interest, and the acts should comply withsocial relativity objectively.In the final aspect, I expressed the outlook that the victims commitment would beprovided expressly by law and own its position in the criminal law system.