Research On The Issue Of Criminal Victim Commitment In China

Behind the victim's commitment,it involves the contradictory relation between the operation of national penalty power and the individual autonomy,therefore,it has become a complex and profound problem in modern criminal law.In recent years,the research of the victim's commitment is more meaningful with the enhancement of individual freedom and rights consciousness.Discussion on some problems of victim commitment will focus on the research of its basic and difficult problems.Persisting in principle of combining theory with practice in the course of the research,and focus on the theoretical analysis and interpretation.The specific content is divided into five aspects: In the first part,the author mainly introduces the legislative status of the victim commitment in China.Our country does not have a clear legislative commitment to the victims,but as illegal obstructed beyond the laws and regulations.In the second part,the author tries to clarify the problems in our judicial practice,and to elaborate the urgency of the legislation of victim's commitment in China from the perspective of euthanasia and illegal medical practice and assisted suicide.Judicial practice should be based on law,and the perfection of legislation plays an important role in solving practical problems.In the third part,the author introduces the theory of the Chinese academic circles,although the theory of victim commitment is not advanced in civil law countries,there are also some representative views.The author points out that the theory of interest can make the most reasonable explanation to the victim commitment,in order to provide theoretical support for criminal legislation and judicial practice.In the fourth part,In the fourth part,the author introduces and analyzes the legal system of the victim commitment in common law and civil law,and hope to find out the legislative model of the victim commitment in china.In the fifth part,the author defines the scope of the victim commitment and find out the system of victim commitment through the discussion of the full text,in the end,the author puts forward the concept of criminal legislation of victim commitment.