Exploration On Several Problemsof Victim’s Commitment

Behind the victim’s commitment, it involves the contradictory relationship between operation of the national penalty power and citizens’ individual rights to autonomy. So it becomes a complex and profound question of modern criminal law. In recent years, with the enhancement of individual freedom and rights consciousness, the research on victim’s commitment is full of significance. This article will focus on the fundamental question and the puzzles of victim’s commitment; This research will keep the principle that theory and practice shall be worked together from the start to the end, and focuses on the theoretical analysis and interpretation; On the specific research content, it can be summarized as four aspects as the fundamental theory of victim’s commitment, the constitutive elements, constructive acceptance and the application in China’s criminal law of this theory.Firstly. In terms of the fundamental theory of victim’s commitment, the research will be mainly surrounded by two sub-problems of the justification basis and the justification way of victim’s commitment. This article suggests that the justification basis of victim’s commitment need to be explored by the limitation of independent disposition and interests measurement; And the justification way of victim’s commitment need to be combined with whether the criminality disappeared or not based on commitment, to make a distinguish between impedence of Confkrmity of Constitutive Elements and impedence of illegality. Meanwhile, the above two problems is similar to a causal relationship, so the analysis could not be isolated. If it is located in the soil of China’s criminal theory, it can be modified by the four elements criminal theory system.Secondly. In terms of the constitutive elements of victim’s commitment, it can be divided into two levels with analogy of related notion on administrative action. The first level is based on the partition of commitment effectiveness, namely three kinds of effect as invalidity, partial validity and validity; The second level, aiming at different effectiveness of victim’s commitment, explore the specific constitutive elements from the verticality respectively.Thirdly. In terms of the constructive acceptance, this article suggests to solve problems mainly about the justification of constructive acceptance, the value of justification and the identification of some special cases. In terms of justification, interests measurement and objective limitation of interests should be combined to make a comprehensive judgment; In terms of value of the justification, exploration should be based on the partition of obligation to act and non-action; The special problems of constructive acceptance mainly involve the casual constructive acceptance, it should be considered with the combination of the nature of person’s self-interests and the weight of interests.Finally. In terms of the application of victim’s commitment in China’s criminal law, including the application of victim’s commitment in China’s judiciary practice and legislative perfection. In terms of judiciary application, the principle of presumption of innocence, giving priority to the victim and interests judgment and measurement should be insisted; On the specific applicable logical path, keep pace with the judgment of whether victim’s commitment is legitimate or not. In terms of legislative perfection, it should be reflected both in general principles and specific provisions: In terms of general principles, specific constitutive elements and the commitment of criminal liability can be stated generally; In terms of specific provisions, intentional homicide and intentional injury based on victim’s commitment can be firstly stipulated in the criminal code.