The Victim Promised To Discuss The Difficult Problem

The theory of "victim commitment" can be traced back to the ancient Roman law "promised not to sin",has a long history,some countries in the world through the legislation or jurisprudence to be clearly defined,while others in criminal law theory As a justification.Under the constitution of the crime of "four elements" in our country,"victim commitment" theory is more appropriate to "victim commitment"."Victims promised" as a culprit,the theoretical premise should be "legal protection to give up",and the measure of interest has "superior interests" is one of the elements promised by victims."Victim promises" have different positions in the different crime constitutional systems.When "monism" is adopted,"Victim commitment" belongs to the category of resistance to crime in the constitution system of "the third-class" In the object of crime.In addition to the main body,subjective,the object of commitment and other elements,the "victim commitment" establishment of the elements,there are many restrictions,such as the disposal of national legal interests,social legal interests,the interests of life and law invalid,after promises invalid."Victim commitment" is the justified basis for most medical practices and its limited applicability in such issues as compulsory medical care,emergency medical care,euthanasia,and organ transplantation.