On The Systematic Status Of Self-endangering Of The Victim

The traditional criminal law theory is influenced by the thought of the doctrine of the criminals.In the study of the crime problem,only the role of the criminals in the mechanism of the crime and the consequences of the damage of the law is neglected,and the effect of the victim is neglected.This kind of simple dependence on the behavior of the perspective of the solution with the depth of theoretical research has gradually been criticized,the concerns of the victims have gradually been included in the perspective of criminal law research.The problem of self-endangering of the victim is an emerging and controversial criminal law problem.It originates and develops in the criminal law of Germany.It is more mature in the German and Japanese criminal law theory,and the result is quite rich,and the development in our country has just begun.Whether the behavior of self-endangering of the victim canaffect the criminal responsibility of the perpetrator? The behavior of the risk of the victim should be placed in the criminal law system that one to explore? These are the core issues of the risk of victim trapping.This paper intends to study the institutional status of self-endangering of the victim.By referring to the arrangement of the system of the risk of the trapped person's risk in the background of the German and Japanese,it is necessary to reflect on the institutional status of the risk of the victim's risk in the four elements,Try to make a useful way of thinking.This paper is divided into three chapters.The first chapter defines the concept,characteristic,establishment condition,the difference of the victim's consent,the division of the type and the division standard,and gives an overview of the institutional status of self-endangering of the victim.The special nature of self-endangering of the victim is that the occurrence of the hazard results to a certain extent or even largely due to the victim's riskless and unintentional and voluntary risk.According to the standard of "disposition",self-endangering of the victim should be divided into two types of self-harm self-harm and consent to others.In the German and Japanese criminal law,the former has the effect of excluding the constituent elements,and the latter need to grasp in the illegal.The second chapter discusses self-endangering of the victim in the background of the third-order theory.It not only introduces the positioning of self-endangering of the victim in the criminal system of Germany and Japan.But also on the support of third-tier theory of scholars of the relevant research results were introduced.Through the classification of the position of judicial jurisprudence and the classification of different doctrines,it is concluded that the current treatment of t self-endangering of the victim in German criminal law mainly focuses on the unlawful category and is not in the class of responsible.German criminal law on self-endangering of the victim of the two types of risk established a different system status.Japanese courts have sometimes dealt with the victim's subjective guilt from the point of view of the victim's risk-taking case,but a considerable number of cases are dealt with from the perspective of the victim's consent.It is noteworthy that the risk of the victim's risk of suicide is similar to that of the victim's consent,But the Japanese judiciary does not take the self-endangering of the victim as the only basis for the exclusion of the perpetrator.The practice of the judiciary is still a combination of specific circumstances,the use of a considerable way of thinking a comprehensive study can exclude the illegal.The second chapter discusses self-endangering of the victim in the background of the fourelements theory.This chapter mainly introduces the way of dealing with self-endangering of the victim in our judicial practice department,and explores the status arrangement of self-endangering of the victim in the four elements system.The author has introduced and commented on the two propositions that have existed in the academic circles,that is,the first,the exclusion of the crime of self-sufficiency of the victim by the principle of justification of the law,This is not feasible because the embarrassing dilemma of the legitimacy of our country and the theory of the four elements has not yet been properly resolved.Second,learn from the German criminal law victims agree with the "monism" theory,through self-endangering of the victim to exclude the object elements and deny the crime set up,but this idea is not reliable,because in the occasion of self-endangering of the victim,the victim did not give up their legal interests.The occurrence of harm results,of course,there are legal infringement,object elements can not be excluded.Therefore,the author put forward his own point of view at the end of this chapter,that is,self-endangering of the victim should be placed on the causal relationship plate to discuss,and should learn from the idea of objective responsibility,in the causal judgments by adding value evaluation and standard evaluation,Perfect the theory of causality.