Research On The Legislation Of Victim?s Commitment

In crime,the behavior of the person not only impact on the result,the victim of some behavior can also affect the behavior of the nature of judgment,or directly contribute to the occurrence of crime.Therefore,in the process of that crime,the victim's behavior is an important part of the investigation,determine whether the actor shall bear criminal responsibility and the responsibility of the size.In recent years,the criminal theory research shows that the victim can make person exempted from punishment or as promised not to constitute a crime.But,why the victim commitment is a crime for what is it with the judicial function,how the position in criminal theory,criminal law theory in this aspect research and the discussion is not careful,norms of criminal law in our country have also is a piece of blank.Can be seen from the theory of crime victim promise position,complanation "four elements" theory in our country,the justifiable defense,emergency actions,the victim can not be commitment to eliminate crime reason into the system.Therefore,from the perfect crime constitution theory,the correct understanding of the victim promise one aspect can not be avoid.Some scholars put forward "four elements" theory of crime constitution in our country is not complete,advocated to reform,caused the reform of criminal law educational world about or keep the current theory of crimeCountries such as German and Japanese,British and American criminal law to the victim promises made a relatively mature and complete rules.The victim commitment in China,by contrast,the rules and regulations of theoretical basis,system construction,three aspects are major problems.Not form a complete system structure,the lack of a unified,has a common standard and theory;Commitment to the victim rules for blank,so that in the judicial practice,the judicial person encounter some victim consent or actively pursuing infringement behavior and results of cases,unable to smooth out the crime,can't complete reasons things out the interpretation of the basic law,cannot be accurately identified properly crime and is not a crime.The author will from the nature of the victim promise,discusses the theoretical basis of the legal consequences;Commitment to the victim in the position in criminal law extended debate and reform the crime constitution theory,expounds the impact on the reconstruction of criminal theory system in our country;Finally,intentional injury,murder and organizational buying and selling human organs and so on three typical crimes legislation possibility discussed in the victim's commitment,commitment standard system construction of the victim in China are put forward.Commitment theory research,the victim can be further cultivating idea of human rights protection,make criminal law concept.The purpose of this paper is to explore commitment theory in the process of the propagation of the victim,criminal theory system is not reasonable in China are put forward,in order to perfect the criminal law theory research,promote the victim is the enhanced role of criminal law,the victim promise the infringement cases in the judicial practice of judgment and recognition,provide complete clear theoretical explanation.