Research On Commitment Of The Victim

Country-led criminal justice system, victims attached to the state in the prosecution of the crime, has been ignored by the criminal law field, nearly four decades, however, the gradual rise of the theory of the victims, become an issue of concern in the development of the theory of criminal law, The paper selected victim theory an important issue-the victim commitment theoretical discussion.This paper is divided into five chapters, the first chapter on the concept of commitment by the victim from the criminal law scholars in China today for the understanding of commitment by the victim described, and then describes the historical origins of the victim commitment. In the second chapter of this paper elaborates on the core content of the victim theory "dualism" and its development, the paper argues that under the context of the victim commitment in civil law the crime on the system with the concept of the Chinese criminal law theory there are substantial difference, cause such a difference because the victim commitment to the transplantation of the legal concept of deviation, it is necessary to the concept of commitment by the victim "get to the root of the problem, correct a long time, China’s criminal law scholars to some extent misreading correct understanding of victims commitment theory. In the third chapter of this paper explores the nature of commitment by the victim as a legitimate ground of the crime on the system, negates the criminal nature of the established relationship to the status of the victim in the commission of a crime, whether the price is right to personal liberty illegal judgment prior or national laws and social ethics illegal judgment earlier this personal view on the status of victims, the right to personal liberty in the criminal prosecution of the rise in the status of the theoretical development trend, it is necessary for social Modern Criminal Law of contract theory based system for reflection. In the Chapter is part of the commitment to the establishment of the elements on victims, the paper argues that the victim’s commitment to the establishment of elements into the precondition and restrictive conditions, the precondition for including the subjective element of commitment. commitment, commitment, commitment to the establishment of the time and Elements of motivation, restrictive conditions include a commitment to the interests of the nature and scope of the rights. In the fifth chapter, when the establishment of the victims of the elements do not have, whether it can be presumed victim has the commitment will be worth thinking about, in that part of this paper, the victims of constructive commitment.The victim commitment reflects the deep-seated problems behind individualism and nationalism in the different positions of the Criminal Law in the history of the status of victims rising trend, the social contract theory needs to rethink. Chinese criminal law theory need to constantly revise their own crime on the system, the development of perfect victim commitment theory, more importantly, in the transplant victim commitment theory should be noted that the concept of change behind it to enhance the status of individualism in the theory of criminal law to promote the further development of the criminal law theory.