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On The Consent Of The Victim Of China’s Criminal Law

Posted on:2014-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:G X ShiFull Text:PDF
GTID:2256330401990068Subject:Law
Abstract/Summary:PDF Full Text Request
The consent of the victim’s behavior is within the limits prescribed by law,victims based on their own free will, allowing others caused by an act of infringementof their legitimate interests, its establishment elements, including the victim consentedto the eligibility of the subject, subjective authenticity of the victim consented to theacts of the victim consented to the acts of objective performance as well as therestrictions that the victim consented. The victim consented to both the rule of lawand social rights of citizens in the free manifestation of the punishment, but in order toprevent the subject of rights abuse freely dispose of the rights of national interests,social welfare, as well as others method benefits damage the National Judicial itsboundaries distinction to correct the excessive punishment the interests of the victimconsented to the protection of other rank interest in normal state. In a large proportionof China’s criminal law criminal offenses related to the victim’s own factors. Since thetrue objective of the victims of criminal cases subjective free will expression of thecriminal law to combat crime brought back a guilty mind, to promote theimplementation of many positive of interaction effect. Victim consented to the simpleevaluation of suspected criminal act has been far from satisfying the fair and equitabletrial requirements. Of points the entry of point and led to the alleged offender is acriminal case to proceed. However, lack of attention for crime victim consented to therole played by the whole process.Textual context of this article is to present the concept, analysis of the status quo,the lack of analysis of the logical structure of the proposed countermeasures. I firstexplained the victim consented to the basic concepts of analysis of the origin of thevictim consented to by the method summarized summarized discusses the victimconsented to the extraterritorial status of legislation. Secondly, I delicate legal analysis,exploring the consent of the victim behind the phenomenon of nature and a variety oftheories, our current criminal justice system, the corresponding sin provisions injudicial practice experience and needs to parse and comments, Finally, for the victimconsented to the judicial determination of the effectiveness of the basis of effectivebased on the lack of demand. Reasonable legislative proposals based on the needs ofthe current academic theories and the lack of the criminal law and judicial practice. Ihope that the victim consented to the factors discussed able to expand the scope of the study of China’s criminal law, perfect to play the role of a stone on the victimconsented to the appropriate laws and regulations; future criminal justice practiceleading to adhere to play the main role of the criminal law to combat crime the roadhumane justice, respect for the rights of victims of personal attention to the specialstatus of the victim in the criminal conduct modest contribution. I Hope the consent ofthe victim discussed in this article and point of view, China’s criminal law in thereform and opening up Sham and the socio-economic transformation, improvementand reform of the period of great development contribute.
Keywords/Search Tags:the consent of the victim, negates the illegal, judicial determination
PDF Full Text Request
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