Research On The Problem Of Victim’s Commitment

The victim’s commitment is the system of criminal theory in a criminality.It is the embodiment of the free will of the people in the public law, which is widely recognized by the society, but it is not clearly defined in the criminal law of our country.At present our country criminal law academic circles began to pay attention to the promise of the victim’s position in the general provisions of criminal law, related academic research also launched. However, there are still many problems worthy of discussion.This paper selects several problems were studied, including: in positioning system, such as the promise of the victim actually belong to the elements to exclude or illegal resistance reasons cause lack of discussion and distinguish.The full research of this can make us have a better understanding of the nature of the victim’s commitment, so as to have a more accurate grasp of the victim’s commitment behavior. On specific issues, on the promise of effectiveness: relates to the validity of a complex object of crime in the harm commitment, constructive acceptance by any standard, wrong motive of commitment to the effectiveness of how to identify and committed after the effect.On these issues in the theoretical circle of criminal law has been controversial. Therefore, the from the crime theory system point of entry, the launches the research, further clarify the promise of the victim in the criminal law theory system positioning, to practice relates to the victim’s commitment effect to provide a better solution..Part one: the nature of the victim’s commitment in the current criminal law system of our country. This paper introduces the concept, classification and related basic problems of the victim commitment in the current criminal law theory in China.Introduction the purpose of this part is that understanding the present stage of our country for the understanding of the theory of the promise from the victim, so that our crime structure system for the victim’s commitment to the general framework of the theory system of and the is how to judge the value, which leads to stage the victim commitment in the theoretical system exist difficulties and problems.The second part: To explore the legal basis and legal effect of the victim’s commitment. This paper views: in today’s criminal practice, the victim’s commitment in some cases before the force. The victim commitment discussion on the legal basis, in particular to elements of exclusion causes or illegal obstructed is discussed in this paper is meaningful, and that the victim’s commitment is illegal to exclude liability. Through to the victim in criminal law of Germany agreed to evaluation of the theory of monism and dualism and from the angle of the free will of the respect to claim China’s theory of the promise from the victim should be introduced or reference dualism theory point of view the legal basis for further clear, and to study the victim commitment the validity of pave the way.The third part: Research on the validity of the victim’s commitment under several circumstances. Based on the promise of the victim in the legal basis to explain China’s traditional theory about the victim commitment effect problem solving and in the viewpoint of this paper include four specific issues of research: 1. To complex legal commitment effect. Impact of the victim’s commitment. This article will be from the perspective of the legal benefits of the different objects, and that the complexity of the benefits made by the victim commitment is effective depends on the extent of the damage to the complex legal interests. Two the validity of the defective commitment, including the effect of the main defect, the defect of the object, the error of the motive and so on. Three. What criteria are applicable to the validity of the presumption of commitment. The author will make a sort of different standards in the academic field, and express their ideas. Four. The effectiveness of post commitment. This article will from the local resources and will free angle, and combined with the specific facts of the case.Demonstrate the effectiveness of the ex post commitment and explore the necessity of its existence.