Research On The Victim’s Commitment In The Ciminal Law

The Victim’s commitment is a real and reality promise about agreeing somebodydamage the law benefit which can be dominated by the subject.People who damagethe law benefit shoule be in the form of the subject asked.This promise made by thesubject of specific law benefit, on the base of having an accurate understanding aboutthe law benedit.There were some countries and regions of the world made the victim’scommitment as a legitimate reason in their Criminal law.But,in our country, due to theinfluence of traditional concept that power of state was more important than privaterights, theoretical research about the victim’s commitment started late and TheCriminal Law didn’t refer to it too.However, With the development of society, and theconsciousness of human rights, it is the inexorable trend of the development of TheCriminal Law that make the victim’s commitment to be a legitimate reason.And it isfar-reaching significance for guaranteeing of human rights and building a socialistcountry.As a legitimate reason, the victim’s commitment has the essence ofmeasurement of the law benefit and the meanming of preventing illegitimacy. Alsobecause of such,it is necessary to make strict regulations about establish requirementin order to prevent the misuse of the private rights, so as to influence the interests ofother people、the state and the society. The victim’s commitment need to meet thefollowing three aspects of the requirement: First is limited requirement, namely thevictim has promised privileges; Next is the basic requirement, including the victimhas promised ability, the meaning of the promise is real, the promise is made beforeor that time when the offeree damaging the law benefit.Of course this promise shoulebe realized; The last is added requirement, including the offeree should to know thepromise, and offeree’s conduct also in accord with the content of the promise. Inaddition, offeree’s conduct should make in appropriate way. Through the analysisabout the concept， meaning, essence and established condition of The victim’scommitment,then, back to the ultimate of the theoretical study, that is, penallegislation to guide social practice activity.For this, the author will try to proposeideas about making the victim’s commitment as a legitimate reason in The Criminallaw in our country.These ideas are presented from perfecting the law and sloving theproblems of social,according to our country’s congdition and the foreign experience.