Research On Victim's Consent And Its Application In Criminal Law

The victim agrees that it is an important crime in criminal law.Although China's criminal law school began to pay attention to the theory of victim consent,the relevant academic research is also ongoing,but because the theory was introduced to China's time is still short,so the criminal law of its research is not deep enough,the content is not rich,There are many problems can not be resolved,such as the victim can be punished the scope of legal benefits,the victim agreed to the constituent elements and the victim's understanding of the error after the consent of the victims of the plural legal benefits agreed.There are great controversies in the theory of criminal law,so this article will study these issues,hoping to help in dealing with such problems in judicial practice.This article mainly has the following parts:The first part:The victim agrees in the dilemma of theory and practice.This part mainly analyzes the reasons why the theory of victim consent can not be widely applied in practice,the main reason is that the theoretical research on its related problems is too weak to provide enough solution for the difficult problems encountered in judicial practice.The second part:Victims agree with the terms of choice,exemption type and basis.This section mainly deals with the clarification of the terminology of the victim's consent theory,the type of exemption,and the legal basis of exemption.In the terminology,the term "victim" is more stringent and more accentant than the other terms;in the category of exoneration,"dualism" is more in line with the system of crime and more in line with the law;On the basis of the legal interests should be used to balance,that is more conducive to the protection of civil liberties.The third part:The conditions for the consent of the victim,This part mainly discusses the conditions for the establishment of the victim's consent,and theestablishment of the victim's consent shall meet the four requirements,including:the subject of the victim;the content of the consent shall be clear and specific;the meaning of consent shall be true and clear;time is appropriate.The fourth part:Victim agrees with the use of justice.This part mainly includes four aspects of the content,that is,the victim to understand the wrong under the consent of the plural legal aid under the consent of the victims under the joint consent of the victim and the consent of the victims of the use of justice.If the victim is aware of the mistake due to himself or the third person,the consent is still valid,and the person who has been deliberately deceived is wrong and agrees to be invalid.In the case of a plurality of legal benefits,the victim of the legal interest may be exempted from the victim's consent,but whether the perpetrator's behavior infringes any other legal interest is not affected by the consent of the victim.In the case of a joint crime,the victim agrees that the effect is only with the consent of the perpetrator,and the other person should bear all the criminal responsibility.The victim should be included in the judicial application should take the system measures,including the restriction of the victim to punish the physical and legal interests of major ways and a certain condition of the burden of proof in two aspects.