Value Analysis Of Victims' Consent From The Perspectives Of Law And Economic

As justifiability of preventing criminality,the victims' consent theory receive significant attention of criminal law field. However, most scholars study normative research on the issues, but lacking of empirical analysis. The economic analysis of criminal law is that using the principle and method of economics, and incorporating the empirical analysis into the analysis framework of criminal law, to study and discuss the victim's consent from the perspective of criminal law efficiency maximization in order to get the greatest benefit of criminal law. The principles and methods of law and economics are applied to the theory of victims' consent and the victims and the offenders are viewed as rational economic men to analysis the cost efficiency of victims' consent, the crime quantity influence of victims' consent justifiability and evaluation of the overall victims' consent crimes to prove the value of the victims' consent in law and economic. And the victims' consent constraints were further standardized, including limit the scope and degree of victims' consent, to ensure the value of the victims' consent.