The Victim Promise Import Crimes Determine Mechanism Research

The victim commitment theory fully respect the self-determination of the victim, and fit the austerity of criminal law of the spirit.Commitment to the victim theory study, is not only beneficial to further clarify related behavior person of criminal responsibility and can be accurate to behavior person, But in our country, the research on the related issues of the victims is not enough.There is room for further exploration. Through to the domestic and foreign relevant processing method to handle the victim promise case thinking, this article puts forward its own ideas, hope to be able to provide some theoretical basis to our country’s legislative and judicial development.Full text is divided into four parts, a total of36000words.The first part:the victim commitment affects the criterions for the conviction of the legislative and judicial status quo over view.First of all, the author thinks that, compared with outside stated in and commitment to the victim in the criminal law related to the victim in the specific provisions of commitment to the specific provisions of commitment to the influence of the criterions for the conviction of the victim, the regulation of criminal law about the victim commitment in our country is still blank, a similar situation in the practice of it. Second, through the outside and domestic commitment to the victim in the process of judicial effect, it can be seen that due to no about the victim commitment related legislation in our country, it comes to such judicial problems, because of the judge quality and the different consider of relevant departments, same or similar situation may lead to different legal results. The victim in our country is analyzed on the commitment of the root of the defects existing in the legislative and judicial status quo.The second part:the victim promise import mechanism analysis of the necessity of criterions for the conviction. By commitment to the victim in our country’s legislation and the judicial status quo to explore the root causes of the defects, the author thinks that the victim will promise import mechanism is to make the criterions for the conviction of the victim can become the subject of law promote function of criminal law to implement and realize the tolerance targets in the criminal law, the inevitable requirement of promoting the implementation of fair law. The third part:the victim promises import mechanism of criterions for the conviction. First, it should establish the subject status of the victim in criminal legal relation. Then, in the general principle and specifics of the victim clear commitment to legislation. In the general provisions of criminal law, they shall be placed in self-defense and emergency hedge, as a legitimate reason. For commitment in the specific provisions of statutory delimitation, the victim in the victim commitment problem is a typical sex, and abduction of medical action, intentional injury shall be discussed separately:for sex" against the victim will" in recognition of the problem, proposed shall be based on certain objective conditions to determine whether the victim to sex agrees or not. For the promise of the victim of medical behavior whether problem effectively, the author thinks must follow the principle of good agent. When the obligee lost commitment ability, agent based on specific relationships can replace the victim of the presumption of commitment, but must be in the interests of the oblige. And conform to the interests of the obligee’s judgment standard in medical practice is also very simple and clear, is to protect life, reduce the risk and maximize the lower right of the carrier damage degree of sequence to interest measure. Abduction and to get the victim’s commitment, the author thinks that, according to the advantages of analysis and comparison of interests, abduction of the law benefit should be the individual not be traded freely, when this law profit was abandoned, the law should not to interfere.