The Criminal Research Of The Victim Commitment

The victim commitment theory are introduced from German and Japanese criminal law theory,it belongs to a part of the theory of criminal law.While the position of the victim commitment is more embarrassed in our criminal law theory,In the traditional theory of the four elements of the system,the victim’s commitment as a illegal obstruction,tied with the legitimate defense,emergency and other acts of illegal acts of resistance,is one of the other legitimate reasons.No matter in theory of criminal law world or in the judicial practice,the shadow of the victim commitment was existed,but the penal code and judicial interpretation did not make clear a regulation.There are many opinions on the definition,application scope,status and conditions of the victim’s commitment in the theory of criminal law,which leads to the confusion in the judicial practice.This paper begins to study.In addition to the introduction,the body of this paper is divided into three parts.The first chapter is an overview of the victim commitment,Mainly includes the history of the victim,the relationship between the victim commitment and the victim consent,the definition of the victim’s commitment and the system status of different legal systems.This chapter aims to analyze the nature of the victim,In order to make clear that the victim’s commitment can not be placed in the form of the constitution or the form of the illegal class,we should determine the system of victim commitment according to the specific charges.The second part is the second chapter,discuss the access rules of the victim commitment,is the focus of this paper.In order to study,This part split " the victim commitment " into "victim" and "commitment" The first section of this chapter focus on the perspective of "victim",To analyze whether the victim has a qualifications,the right of acceptance can include the rights of the state and the society,and Commitment time should be made before the act and so on.It is concluded thatthe validity of the victim’s commitment system has a great relationship with the qualification of the subject and the time of the commitment.The article considers that all conclusions were made through a basic principle,which is to limit the abuse of a crime.The second section of this chapter start from the “promise”,It mainlydiscuss the representation of the commitment is express or implied,the object of promise is to include only the behavior or the behavior of the results,or both of the them.It also included that the committed person would be changed after the commitment.In this paper,the narrow sense of the victim’s commitment must be made in an explicit manner,the object can be included in the behavior,but also the final result of the damage,and after the commitment the committed person can not be transformed.The third part of the article is to put this theory into implementation.Because in Japan,South Korea,Germany and other country,their criminal code clearly stipulates the victim’s commitment,and in theory there also has a corresponding position.so I want to practice this theory by referring to the foreign practices.this chapter focuses on the commitment of the right to life and the right to health rights,and to make sure that the victim commitment system shall apply to specific provisions based on the object of the crime.According to the article,the victim promise system has been widely applied in the judicial practice in our country,But there is still a lack of theoretical support.So I want to take this opportunity to look forward to the victim pledge system of the theory of forming,and Sincerely hope that one day the victim promise system could be able to blend in our country criminal law system,to make the defendant to a further guarantee of human rights.