Research On The Current Situation And Legislative Perfection Of Victims Commitment In China

The research on victims commitment starts from the Western world. The Romanjurists Ulpian wrote in “Pandects of Justinian”:“If there is promise, there will not bewrongdoing.” Then it developed to be a legal maxim:“The commitment behavior is notillegal.” In modern times, the criminal law scholars has carried out in-depth research onvictims commitment. However, there still are many different points of view on thejustified foundation, the system location for victims commitment and so on, thisremains to be further studied. In civil law, common law and our criminal legislation andcriminal law theory, the attitude towards victims commitment is different, and there arealso significant differences within the same legal systems on the understanding and theprovisions of victims commitment. In addition, common cases at this aspect in thenational judicial practice is another important reason for me to select it to research. Thatis to say, it has an important value of judicial practice.This paper is divided into four parts: the first part is the summary of victimcommitted, it mainly discusses the concept of victims commitment, the system location,the justified foundation and establishment conditions, which is the theoretical basis ofthis paper. The second part is the introduction of the legislative status and judicialapplicable of the victims commitment, as well as the inspiration and reference for ourlegislative and judicial situations. It is helpful to compare with the relevantcircumstances of our country. The third part is to describe the status of legislation andjudicial practice of victims commitment in China. Victims commitment can be found inthe specific provisions of China’s Criminal Law and judicial practice. This part is thefocus of this article, only understand the current situation of our country, can we put upwith countermeasures. The fourth part is the discussion of victims commitmentlegislative perfection. I come to the key to the problem by analyzing our legislativedefect in the victim commitments and learning from the legislation in foreign countries.At last, I proposed concrete legislation perfection recommendations which is in line with China’s reality.The research methods that I used in the writing of this article conclude: methods ofhistorical research, methods of comparative study, methods of value analysis andmethods of theory with practice and other research methods.