Study On The Conviction And Sentencing Of Victim’s Commitment

The theory of Victim’s Commitment has a long history,which can be traced backto ancient Rome law proverb "the desire not to be violated".The victim’s commitmentis the modest result of respecting private rights and public rights,with the major valueof criminal law, which plays an important role in the realization of human rights offreedom. Western individual countries stipulate the victim’s commitment in thelegislation, and take it as the justification of legal.In our country,the victim’scommitment only be taken as super regulations obstructed,whether in theory or in thejudicial standard has a lot of deficiencies.It seriously affects the judicial justice, so ithas the value of further research.In this paper, a case leads victims commitment point ofcontroversy in the practice.Through the analysis of the victim’s commitmentconnotation、 legal basis and the boundaries and validity of victim’s healthcommitment, the author illustrates the conviction and sentencing of the victim’scommitment in criminal law value.The thesis is divided into four parts:Part I:This part introduces the facts of the case about Huang intentional injuryand the viewpoints of the practitioners, and the views are summarized, and then putforward the main point of controversy of the case for the existence of.Part II: This part discusses the connection with the case of victim’s commitmenttheory.First of all, starting from the definition of victim’s commitment, characteristicsof the victim’s commitment, the relationship between the victim’s commitment, andthe criminal responsibility; then discusses legal basis of victim’s commitmentauthority, it is restricted by the three factors: the victim’s commitment ability, publiclaw theory and criminal law.Through the definition of personal law benefit andsuper-personal law benefit,this paper concludes that only pure personal law benefitcan be obtained only after the victim’s commitment, then has hindered theeffectiveness of crime.But there is a big debate about the health right commitment,whether the health right commitment boundaries is "good custom" or "significantharm" theory, based on the theory of controversial proposed my own view, and thendiscusses the commitment effect on the conviction and sentencing, the theoreticalbasis for the following analysis of this case.Part III: This part concludes this case’s result based on the theory of criminallaw.First defines the existence of victim’s commitment in the case, and then the cause of the damage is analyzed, the Huang damage is a major injury, therefore can not ruleout the constitution of crime, but also based on the promise of the victim should not inaccordance with the intentional injury causing serious injury of the penalty to punish,owing to subjective malignancy, social harm also is not very big, so it should bemitigated punishment below the legally prescribed punishment.The final part put forward the implication of this case.Through the analysis ofChina’s legislative and judicial shortcomings and victim theory of great value, putsforward the legislative and judicial suggestions.