On The Promise Of The Victim

In the criminal judicial practice of our country, some people would provide agreetment or requirements to ask other people to do some harmful thing. But when the actor do the harm behavior according to the victim’s promise, and the behavior conforms to the crime in the existing criminal law,they will become criminals. What is the promise of the victim ? What is the legal effect of the victim’s commitment ?The Chinese Criminal Law did not provide any answers. In a strong proponent of temper justice with mercy, how to absorb foreign relevant theoretical achievements of the promise of the victim has become a focus problem in academic circles. This article hopes to put forward my own viewpoint through the analysis of the issues and introduce the theory of victim’s promise to our legislation.. The author is divided into four parts to analyze and discuss:The first part, the general introduction and elaboration of the theory of victim’s promise. Firstly, through the different research on the theory of victim’s promise in the civil law system and the Anglo American legal system, the main views of the current countries are interpreted. Secondly, the definition of victim’s promise is defined by the analysis of the concept of legitimacy. Third, from the angle of the legal effect of the theory of victim’s promise to the type. Finally, the legal effect of the victim’s commitment is introduced.The second part, discussing the conditions of victim’s promise according to different understanding of victim’s promise. And we also discussing the subject of victim’s promise, the principal of victim’s promise and the scope and authority of victim’s promise.In the third part, discussing our country’s criminal judicial practice before the victim personnel agree, medical behavior in families consent specific cuts, carries onthe analysis and research on theory of the promise from the victim into the possibility of the criminal law of the People’s Republic of China. And select the typical crime analysis, such as: the crime of trafficking in women, medical crime and the crime of rape.The fourth part, discussing the crime constitute elements of the angle discusses the criminal law of the People’s Republic of China, the development and direction of the current theory of the promise from the victim, giving rise to a crime in the criminal law theory system of constitution of, seek for China’s crime constitution theory of the theory of the promise from the victim, seek implant victim promise theory method.