Research On Victim's Commitment

Victim's commitment refers victim promises the perpetrator damaging his disposable benefits, while the damage action is a cause of justification which didn't constitute a crime. According to the different standards, victim commitment can be divided into different categories of effective victim commitment and noneffective victim commitment, realistic victim commitment and putative victim commitment, beforehand victim commitment, concurrent victim commitment and postmortem victim commitment. Victim commitment, connected with it's value basis, attacks the attention of the law scholars home and abroad. It not only explains the citizen's personal right to make decisions, but also conforms to the spirit of the restrictive principle of criminal law. What 's more, It reflects the value goal of fairness and justice the criminal law pursues for.The effective conditions of victim commitment includes essential elements, restrictive and supplemental requirement. For essential elements, it requires commitment individual has the control rights to the benefits he gave up, but also has the ability to make commitment. Legal entity can also be the special commitment subject. Subjectively, It requires victim's meaning shall be true and free. Objectively, It requires victim expresses his commitment in an expressly way, when the commitment occurs on or prior to the start of the infringement. Restrictive requirement is the stipulation about the nature of own legal benefits, barring the right of life and healthy right, competence extent of commitment and appropriateness of society. Supplemently requirement from the point view of offenders requires the perpetrator understands the victim commitment, and the infringement done by the perpetrator must be comparable to the details victim committed.The effectiveness of the victim commitment is on the basis of elements constituted by itself to set forth the reasons of victim commitment effectiveness. There are many theories in the criminal theory of traditional civil law system, each of them has its two sides, certain rationality or some limitation. Compared comprehensively, the best way that can explain why the victim commitment is effective is through making comparasion and measurement of legal benefits. The view regard to the classification of effectiveness of victim commitment is based on the background Germany and Japan criminal theories' three classes of crime constitution system. In our country, we should base on its own system of crime constitution to evaluate criminal law meaning of victim commitment with different effectiveness.At present, victim commitment is only treated as a cause of justification above the legislation in our country. To achieve legalization of victim commitment is conducive to implement the principle of legality, to standardize the judicial application, to integrate with the world criminal legislation. The realistic significance of victim commitment reflects that itself should take up an independent position constantly. In the law design of victim commitment, on the one hand, we should make principled stipulation about the victim commitment in general provisions of criminal law. On the other hand, we shall make timely adjustment involving the victim commitment elements in specific provisions of criminal law regard to the individual crime, ensure the punishment is comparable to the crime.