The Conditions Of Eliminating Crime In Victim’s Commitment Theory

In the theory of victim’s commitment,there is dispute between the theory of “monism” and “dualism” in the three-tier crime theory system.With the theory of “monism”,it is more seamless to integrate the four elements theory to open the channel for its application in China.Of course,the application of the validity of the victim’s commitment is subject to conditions.The objective elements include the content of the commitment,the way of commitment and time conditions;The subjective elements,including the subject(with Commitment capacity)and subjective aspects(the will of victim).And focuses on the victims’ commitment to the effective conditions of the physical injury commitment,the way of commitment,commitment to the agent and other controversial points.In the context of Chinese criminal law,the author makes a brief analysis of the legislative theory and judicial practice of some criminal law articles which contain the theory of victim’s promise,so as to clarify the applicable and existing problems of the theory.