Study On The Victim’s Commitment System

The victim’s commitment is that the vesting subject of specific legal interests allows the Perpetrator can violate the benefits he can dominated, excluding criminal grounds generally accepted in modern society. It sets the value target that a variety of criminal law pursued as a whole, which is not only reflects the liberal criminal law, but also contains the modesty spirit that the modern criminal represented. So the study of victim’s commitment system has a theoretical and practical significance.The paper includes the following four parts.Part Ⅰ:The overview of the victim’s commitment. In the section, I describes the historical evolution of the victim’s commitment and definition. Finally, I summarize the different legal effects that the victim’s commitment applies.Part Ⅱ:The validation of the victim’s commitment. The theoretical foundations contain liberal trends of criminal law liberalism, the proper meaning of substantive law, criminal inevitable requirement of modesty. The reality foundation is that the criminal law is not universal with economical characteristics, and modern law requirements of common sense.Part Ⅲ:The conditions of the victim’s commitment. The conditions contain the positive conditions and the restrictive conditions. The positive conditions include four areas, that is subject, subjective, object and time. The restrictive conditions explain it from the limited nature and the social legitimacy of law promise.Part Ⅳ:The path to achieve victim’s commitment system in China. This section identifies the status of the victim’s commitment system from the perspective of the crime constitution. Then, it is not necessary to legislate the system. And it only needs to make substantive interpretation on constitutive elements of crime.