Study On False Promise Of The Victim's Commitment

The victim's commitment, as today's most major super regulations of the crime reason, has drawn increasing attention by the Chinese and foreign criminal law scholars. The research of the victim's commitment has a great development no matter from the depth or width, and produced a lot of controversy, for example, the false promise of the victim's commitment is one of the most controversial issues among them. The core problem of false promise of the victim's commitment is that the validity of victim's consent by mistake. To answer this question, we have to define the concept of the false promise of the victim's commitment firstly. Then make an in-depth analysis and research to the theory of victim's consent by mistake to get a reasonable answer, and this is also the writing contexts of this article.This article is divided into three parts, to elaborate the basic meaning of victim's consent by mistake as a starting point, then on the basis of studying the research status in this regard at home and abroad, and finally put forward some views on this issue by myself. In the first part of this paper, defined the concept of the false promise of the victim's commitment firstly, then put forward my own view on the basis of analyzing the classification of victim's consent by mistake by the Chinese and foreign scholars. In the second part, the article analyzed the research status of victim's consent by mistake, from the continental law system of the theory of comprehensive invalidity?the theory of legal interests by mistake and the theory of new comprehensive invalidity to the Anglo-American law system and our country of individualized judgment on the basis of classification, and the last to the view of myself on this question that the new theory of legal interests by mistake. The last part is the focus of this article, analyzed emphatically the basic content of the new theory of legal interests by mistake, the main line of this theory is the right of self-determination, following by the concept of the self-decision right, and the standards of the impacted self-decision. At last of this part, apply the standards to guide the criminal judicial practice in combination with the classification of victim's consent by mistake.