The Reasearch Of The Victim’s Consent In Criminal Law

The victim’s consent in general provisions of criminal law is an important theoretical problem,As akind of super regulations Non-crime function for the victim consent from sin function has become theconsensus of the community.In recent years, The victim’s consent theory in the criminal law pandect gotfully development.it become the subject of one of three out of the crime go hand in hand with self-defenseand the emergency actions.Status of its importance in the penal General has been recognized by manycountries.it is of great significance to bear criminal responsibility，reduce the behavior to be blamed andeven illegal behavior of the perpetrator can be excluded. This problem was first put forward by Roman lawscientist-Wuerbian. What happens in the victim’s will is not illegal.Some European and Americancountries and regions have similar provisions in the criminal law.In a practical point of view, all countrieshave regard the consent of the victim as the important theory to study and exploit them in judicialpractice. the criminal law in our country on the victim’s consent issues is not specified but it has beenapplied in the judicial practice.The objective elements of theft is to transfer others’ property for the purposeof illegal possession which is against the will of the owner.But if the act gets the owner’s agree. theowner’s agreement will help to exclude the larceny objective elements. Using the general principle of thevictim’s consent in the crime of larceny can solve the theft in ATM machines and so on in reasonable andexplain theft trap occasions behavior and decision of sentencing.The paper is based on the theory ofcriminal law in China and use the theories of scholars at home and abroad on the victim’s consent issuesin the crime of theft Perspective.The paper will be benefit to our theoretical study the consent of the victimin order to be able to integrate it into the criminal law theory system in China.Except the introduction and conclusion, the paper is divided into the following four parts:Part one:put forward the problem.at first,the part Introduces several representative cases,then this caseleads to the victim’s consent on qualitative and the behavior of human behavior.Part two:The general theory of the consent of the victim. At first,this part introduces the foreigncriminal law provisions on the consent of the victim and pointed out that China’s criminal law doesn’t havethe relevant provisions of the victim’s consent in judicial practice.On the basis of comprehensive analysis, use for reference the theory of criminal law in China and views of scholars,and then put forward thevictim’s consent concept.Second,This part introduces several legal effect of the victim’s consent.Throughanalysis we get the conclusion that the consent of the victim has the function of the crime in the crimecognizance and can become the crime reasons in third and fourth cases.The consent of victim is regarded asthe reference plot in the fifth cases; and third,This part introduces the difference of the victim’s consent andthe justifiable defense.The victim consent exclude several theories of crime:the juristic act,The law’sprotection and giving up,the theory of giving up the interest,the theory of measuring the interest and soon.After analysis and comparison of the above theory,The author thinks that the victim’s consent canexclude the legal effect of crime.In one hand, give up their personal interests, and shall not be infringed theinterests of others and society to give up personal interests.In the other hand, the act of giving up itsinterests shall not be against the established and maintained social order.At last,This part points out theelements of the victim consent which includes the main elements, subjective elements and objectiveelements,As to The requisites to constitute part,the author is in favor of a "The theory of limited Express".Part Three:Victim’s consent theory problems in using it the crime of theft.Firstly, this part introducesthe concept and constitutive requirements of the crime of theft, secondly, analyse the victim’s consent andthe constitutive elements of the crime of theft, discuss the victim’s consent on the importance of qualitativeand sentencing of larceny; Finally, this part analyses the feature of victim’s agreement in the theft of thevictim’s consent, victim’s consent must be in a natural state and only for the individual and the specificproperty of consent, The possession owner must clearly recognize his consent means that he will losepossession of property.Part four: some special issues in using the consent of the victim in theft,Firstly, this part refers to thepreset agree with this concept to explain the theft in vending machines and bank ATM machine of thecommon problems in practice; secondly, this part introduces the concept of theft trap. And the authoranalyse the consent of the victim’s impact on behavior qualitative and sentencing in the trap occasions oftheft according to the point of view-"The throry of limited Express".