Victims Who Criminally Dangerous Behavior Acceptable Under Study

By Xiao Fengxia wrongful death case and Tian Yufu wrongful death case, the victim in the criminal negligence and analyze the behavior of the status of the victim in the crime, leads the victim to accept the risk of problems. In danger of victims accepted definition of constituent elements of the analysis, the analysis of various perspectives and case handling criminal defendants in the case Mitigation basis, we can see Professor Zhang Mingkai the victim to accept the risk of the two circumstances of the case, that is the risk of their own involvement and the risk of him who were consensual based processing, and use of dangerous accomplice to identify victims from accepting the principle attribute criminal defendants in cases of legitimate gentle approach is based on a unique clever. Found that in the case of the victim to accept the risk, the risk of accepting the victim of criminal behavior so that the perpetrator is exempt or reduce the worldwide consensus has been for the theory and practice civil law and common law circles generally accepted. However, the summary of the legislation and judicial practice, the risk of accepting the theory that the victim is currently in discussion of theory is still in its infancy, the use of the legislative and judicial practice is blank, our task now is to this gap filled.This paper consists of the following partsThe first part, through the Tian Yufu manslaughter case and Xiao Fengxia manslaughter case, whether negligent focus--the leads to the situation affects the behavior of the criminal responsibility.The second part, a detailed analysis of the concept of risk acceptance, the classification and the conditions for the establishment of a comprehensive understanding of the reception theory, risk characteristics and reasonable.The third part, introduces the treatment on the victim risk accept cases of domestic and foreign theory and judicial practice, and introduces the legitimate basis of scholars at home and abroad for the treatment for.The fourth part, the accomplice was introduced from the attribute theory, and applies it to the victim in the case of risk acceptance process.The fifth part, introduces the risk that our country to accept the case in our country’s legislative and judicial status of processing, put forward reasonable suggestions and according to the present situation and the domestic and foreign experiences the danger to our acceptance.