On The Victim’s Consent In Tort Liability

"Zhou yu huang gai, a may play a may get", issued by the classical allusions in the novel the romance of The Three Kingdoms, if from the legal perspective is agree with standard classical interpretation of the victim. Victims agreed to system as a very important in the law of tort, the earliest can be traced back to ancient Rome ", "behavior is not illegal" agreed on the method of proverbs. The civil code of world basically admitted that the victim consent disclaimer effectiveness and the effectiveness of the deterrent illegality, have to clear limits of the system, the basic legislative purpose is to balance the infringing the interests of both sides, and to protect the victim’s self-determination, at the same time avoid the infringer to escape the legal responsibility on the grounds of the victim consent. In our country on December 26,2009, the standing committee of the National People’s Congress examined and approved the "tort liability law of the People’s Republic of China" does not include the victim consent in among them, can’t provide the victim consent defence legitimation of legal basis, the theory of the subject research never is a hotspot in the field of tort liability law and criminal law, the system in our country’s legislation to promote troubled. Lawmakers introduced the victim consent system leads to the infringer even suspect possibility to escape liability concerns, the law does not recognise the euthanasia behavior, to China and is the important reason for the delays in the introduction of the victim consent system. Does that mean the study of the subject is meaningless? The answer is no, we are to find, through the study of the system is reasonable the legislative way to limit the victim agree with justification, on the premise of perfecting the limit theory, for the legislature to see its risk control, so as to promote the system formally entered the stage of legislation, promote the system of civil law development level and the level of the criminal law in our country.