Research On The Victim's Commitment

China's criminal law theory will be the victim's commitment as a super-law of the justification of the matter,but the theory of little research.In the face of complex cases of victim commitment in judicial practice,judicial staff are dealt with in the case of conviction or in the case of sentencing.Therefore,both from the perspective of improving the theory of criminal law or from the perspective of proper handling of judicial practice,the victim commitment theory has the necessary to further explore.This paper analyzes the theory of victim commitment from the angle of theory and practice,discusses the conditions of its establishment and puts forward some suggestions on the perfection of legislation,hoping to get the attention of legal department.This paper is divided into four parts:Part 1: Overview of Victim Commitment.This section clarifies that its substance is based on a commitment that is not socially hazardous through a legislative investigation of the commitment of the victims of each country.To determine the logical starting point of this article,clear the legal effect of the victim is to resist the commitment based on the behavior of the illegal.Part II: Basis for Victim Commitment to Justification.Seeking the Basis of Victim 's Commitment from the Angle of Theory and Reality.Through research,it is clear that the basis of the commitment of the victim is based on the choice of the measure of the individual as a whole,the state and the specific individual.From the practical point of view,the victim's commitment and legitimate defense and other legitimate things have the same effect,although no legal provisions,should still play the same role in practice,and practice jurisprudence has also absorbed the idea of the victim's commitment.Part III: Elements of the Commitment of Victims.Recognizing the justification of the victim's commitment,it is clear that the commitment made by the victim is not necessarily valid.Commitment takes effect The victim itself and the commitment to the behavior to meet certain conditions that are necessary conditions,including the subjective conditions,subjective conditions,etc.In addition,the contents of the commitment need to be subject to certain restrictions that meet the restrictive conditions,including the right to life,causing serious harm to the right to health The promise can not take effect.Part IV: Victim Commitment to Legalization.Based on the principle of modesty of criminal law and the requirement of judicial standardization,it is necessary for our legislative departments to commit to the legislation of the victim.On this basis,the author proposed in the existing criminal law on the system of commitment to the victims of legislation.Including the general provisions in the general commitment based on the victim's commitment is not illegal,and in the sub-rule,for some of the higher legal penalty to increase the corresponding circumstances of the victim commitment to the specific circumstances of the victim to enhance the operability of sentencing.