Study On The Criminal Responsibility Of The Actors In Dangerous Acceptance

The so-called victim is dangerous to accept the issues he is discussing,this article is considered to mean that the victim in the negligent crime to recognize the danger and based on free will to accept this risk,and finally the result of legal infringement,whether the exclusion of the perpetrators of the crime set up.In the case of judicial precedents abroad,there is an example of the establishment of the crime of negation of the perpetrator by the victim's risk acceptance,as a matter of opportunity,the criminal law theory has discussed a series of legal basis for the victim's dangerous acceptance.There is a theory of victim consent,self-answer theory that the victim accepted the theory of danger.China's judicial practice also appeared in the victim to accept the case of danger,but did not receive enough attention.This article from the introduction of domestic and foreign precedents,analysis and review of the various accepted controversial controversy.Finally,the author puts forward the position of the victim acceptance and its establishment condition,which is summarized as follows:In the first chapter,it is pointed out that the victim's risk is accepted by the victim in the event that the victim is under the premise of recognizing the danger,and the corresponding consequences may arise.The danger may be made by the victim or the victim himself.And further accept the victim is divided into:(1)the law does not explicitly prohibit the acceptance of dangerous acts.(2)the law expressly prohibits the acceptance of dangerous acts.Finally,this classification as a prerequisite for the introduction of Germany,Japan and some typical cases of China.Germany,Japan,and courts have made cases of criminals who have been negated by the victim's case,and the judicial practice in China has not paid enough attention to it,and almost all of the victims have been guilty of the guilt,In the sentencing has been reflected.The second chapter reviews the basic viewpoints and problems of the various doctrines of dangerous acceptance of jurisprudence.The first discussion is the theory of victim consent,which was recognized by most scholars in deliberate crime.The scholar who holds the view argues that the victim's acceptance of the victim should also apply the victim's consent theory.However,this view was subsequently criticized in all respects.Followed by the emergence of various theories If the point of view that the victim is responsible for accepting their own behavior is responsible for their own behavior,this view is called self-answer.There are also views that the acceptance of the victim in the implementation of the behavior of the law is not illegal,according to the principle of the behavior of the perpetrator is an accomplice when there is no illegal.In addition,some scholars from the negative responsibility and so put forward a variety of theoretical basis.In the third chapter,it is pointed out that the application of the victim consent theory can be applied.The core question is whether self-determination is reflected in the acceptance of danger.If there is a definite answer,there is no reason to deny the application of the victim's consent theory.The object of consent can not become a denial of its application in the acceptance of danger.In this article it seems that the victim is dangerous to accept the object is dangerous behavior,because of its acceptance led to the elimination of illegal behavior.Moreover,even if it is considered that the victim can not agree to another person against his or her life,does it mean that the victim can not participate in activities that may lead to death?The answer to this article is no,it can not be treated the same simply.The fourth chapter points out that the victim is in danger of accepting the status of different criminal system and its application condition.Victims are at risk of accepting the third class crime theory system.In the four elements of the crime system is excluded from the social risk of the subject.The establishment of the victim's dangerous acceptance includes the prerequisites,the perpetrator and the subjective and objective conditions of the victim.