Research On The Victim’s Commitment In Criminal Law

As one of the reasons to negate the illegality, the victim’s commitment is based on the victims’ rights to dispose their interests freely. And it’s a reason to negate an action’s illegality with the perspective of the victim. The legality of the victim’s commitment is based on the Interest measure theory, which considering the free disposal of one’s legal rights as a kind of interests and compared it with the interests infringed. With the perspective of the problem of victim’s commitment, we can find that the victim’s commitment has its own space in the criminal legislation and judicial practice when we interpreting our criminal legislation and justice. The victim’s commitment will not conflict with the principle of the legality, neither from the perspective of the nature of the principle of legality, nor the protection of human rights. So there have no obstacles to establish the victim’s commitment’s position in our criminal legislation.The points about the valid commitment’s condition in this article are followed: About subject, whether a one can commit should depend on the differ objects. And relative agent should be valid when it is based on the relational right and meet the statutory requirement. About subjective condition, the victim should have the real idea and be freedom. The error recognition about the fact can affect the validity of the victim’s commitment, while the error motivation will not. About the false promise, whether the victim is under the force should base on the relationship between the doer and victim. About the suppositional commitment, we should stand on the position of the victim, but not from the most people’s position. About the commitment’s object, as long as the interests are the victim has the right to dispose, it can be the valid objects regardless of its external objects are behavior, result, or the risk. The commitment should be perceivable and external, but not confined to the specific person. About commitment’s time, it should happen before the action or just at that time. And the valid commitment should not damage the public interests.The Interest measure should be definite, so that it can help the juridical practice to judge the valid victim’s commitment. The position of the commitment should after the public interest, and higher than other interests including life and health. Thus, the point can provide the theory prop for the organ donation, euthanasia, and other similar phenomenon.