Research On The Scope Of The Victim's Commitment

Victim commitment is an important part of China's criminal law system.It is an unwritten reason for the violation of the law in the theoretical framework and plays a role in negating the illegality.Find a reasonable way to explain the crime for part of the behavior that should have been negatived.However,the scope of legal interest allowed to promise is flawed,Both theoretical research and practical operation are reflected.The first part of this paper expounds the author's views on the role of the victim's commitment in China.After gradually accepting the system of class crime in the academic circle,the illegality judgment gradually became independent,thus confirming the function of the victim's promise to resist and violate the law.However,in the case of the existing laws and regulations,the unique feature of the victim's commitment is to provide the explanation of the crime through the illegal result of the negative result,but the harm of the crime is not only reflected in the result.On the other hand,the unwritten commitment leads to the lack of clarity and the absence of practice in practice.The second part of this paper describes the reasons for the further limitation of the legal and beneficial scope of the victim's commitment.First of all,the current commitment,although there is a relatively perfect conditions,but the kind and content of the law benefits tend to be complex,quilt violations approach also become diversified,resulting in a decline in the adaptability of the existing theory and practice;Secondly,it is different from the compensatory principle of private law,the criminal law has the distinct national will,the purpose is to use a complete set of rules to punish the perpetrators,to prevent the improper behavior of the citizens.Therefore,the victim's commitment under the guidance of "promise is not beneficial" is a kind of flexibility based on the limitation of legal jurisdiction.Personal autonomy has the arbitrariness,which is only suitable to be the exception of the cause of crime and not to spread;Thirdly,from the content of the amendment issued in recent years,China's criminal law change direction is a traditional and add new misdemeanor charges pan-moral reduce,the way to change is the jurisdiction of the criminal law,and further improve the capacity of protection of human rights in hand.In this context,the range of legal interests allowed to be committed should be further developed to be rigorous and standardized,and to promote the balance between the free will of the people and the consolidation of the law order.The third part of this paper is how to think about the new limits of common legal benefits.The common promise is to focus on individual health,property rights and sexual autonomy.Are detailed in the legislative process,combined with the victim commitment from the actual situation of using space narrow,the range of allowed to give up the rights mentioned above should be tightened,so as to reduce the burden for practice operation,at the same time is conducive to play to the national criminal law for that to ban inappropriate to call for action.