Study On The Victim’s Acceptance Of Risk

The victim’s acceptance of risk is one of the criminal law theory that study the criminal entities issue in the perspective of the victim. It’s definition is that the victim knows the behavior he make with the help of the offender is dangerous, or the victim involved in the offender’s behavior that he know it is dangerous, and it results in the victim’s legal interests damage under the interaction between the victim and the offender. By the standard of embarking on dangerous behavior, its type can be divided into the victim self-endangering and agreed danger. The victim who accept risk only recognize that the behavior is dangerous, and this can’t be regard as victim’s commitment to presumed the victim want the damages occur.There has been a discussion revolving around the issues which basis can clarify that the offender is not guilty in the case of the victim’s acceptance of risk. Because there is a limited problem of accomplice dependency and it cannot contrast deliberateness with misstep, the Protective Out-of-Scope of the Rulepovide cannot provide proper thoertical basis for victim’s acceptance of risk. Also, the Sell-liability Principle having a contradiction that self-determination can detemind oneself’s life cannot provide proper thoertical basis. Similarly, the theory of anticipated probability can’t be used in the victim’s acceptance of risk, because it is too strict to be used. On the contrary, The Dogmatics of the Victim, by the victim’s self-protection and the victim’s needed protection from the final-methods of the criminal law, substantially limit the bjective behavior(the conduct of criminal constitution), then it provide proper thoertical basis to reach the not guilty conclusion for victim’s acceptance of risk. It should be carefully deal with the case which legal interests damage under the interaction between the victim and the offender.The offender in the case of the victim’s acceptance of risk should be acquitted.