Construction Of Victim’s Consent In Criminal Law Of China

The functioning of the criminal law, including behavior regulation, protection of legalinterests and the protection of human rights, when a legal interest aggrieved, it is necessary toenable the criminal responsibility of the perpetrator of the criminal law be investigated inorder to achieve the function of criminal law. Judicial practice in China to strictly follow theprinciple of legality, while the victim commitment system has not yet been established inChina’s criminal law, the general reference to the ordinary criminal treatment of related cases,often formed referee injustice of the perpetrator.Recently, the theory of “victim’s consent” hasbeen well-focused by criminal law expert and there are lots of research about it, but it’s notwell-known by the experts.Since we see criminal law from different angles with morehumanity, and the victim’s consent has won great approval. It is a must thing to set victim’sconsent in our law. Therefore, it’s necessary to do some research about victim’s consentbecause it is not only significant for the completion of theoretical system of criminal law andthe guidance to the administration of justice. The paper is divided into four parts:The first part introduces some cases and problems. It analyses victim’s consent relatedcases, and here comes the bad situation which is short of victim’s consent. It is positive toadopt it and really helpful to get rid of this bad situation.The second part is some basic knowledge about victim’s consent. It introduces theconcept of victim’s consent and its history. Let people know what victim’s consent is. Andthen it analyzes the criminal effect of the victim’s consent, giving some emphasis on itsjustification. Therefore, we can have a clear definition of this theory.The third part shows the necessary of the existence of victim’s consent in our law. We aregoing to discuss it based on civilian’s self-decision right, principal of a legally prescribedpunishment for a specified crime, and the modesty of criminal law and the requirements of thedevelopment of restorative justice.The fourth part is what we’d like to see about the victim’s consent in future. It analysesits present situation and the established conditions, and then give specific suggestions.