On The Victim's Promised Error

The Victim's Promised Error is a subordinate concept of the Victim's Promise and a judgment theory of the legal effect of the victim's promise with wrong factors.The effective victim's promise mainly has five components:the subject who makes the promise has the promised ability;the subject who makes the promise has the right to dispose of the legal interest;the will to make the promise is free and true;the time for making the promise is when the act takes place or before it;the content of the act is consistent with the content of the promise.Any of the above mistakes may affect the legal effect of the victim's promise.However,except for the subjective element,other constitutive elements' errors will directly result in the non-establishment or invalidity of the legal effect of the victim's promise.Therefore,they are not the research focus of The Victim's Promised Error.The research on The Victim's Promised Error mainly focuses on the wrong factors that affect the victim's subjective elements which is whether the victim's will to dispose of the legal interests is free and real.Comparative Analysis and Case Analysis are the main research methods of the theory of The Victim's Promised Error.There are two main lines in the theoretical study of The Victim's Promised Error:"The Legal Effect of The Actually Agreed Victim's Promised Error" and "The Legal Effect of The Presumed Victim's Promised Error".On the basis of carrying out the two main lines of research,this paper firstly sorts out the current research status of The Victim's Promised Error,and puts forward the necessity and significance of the theoretical research on it.Secondly,according to the different sources and effects of various error factors,the types of the victim's promised error are reclassified,which changes the previous research direction that only focuses on personality defects,fraud,coercion and other error types.According to the existing status of the victim's will,the victim's promised errors are divided into "The Actually Agreed Victim's Promised Error"and "The Presumed Victim's Promised Error".According to the different causes of the error factors,"The Actually Agreed Victim's Promised Error" is divided into two types:"The Errors Based on The Victim's Own Cause" and "The Errors Based onThe Influence of Actors".Because of the particularity of its own existence,"The Presumed Victim's Promised Error" is different from "The Actually Agreed Victim's Promised Error",which is mainly manifested in the conflict between the imaginary will and the victim's real will.According to the above classification,"The Legal Effect of The Actually Agreed Victim's Promised Error" is determined "The Legal Effect of The Errors Based on The Victim's Own Cause" and "The Legal Effect of The Errors Based on The Influence of Actors".Through analysis,it is concluded that the cognitive errors at the formative stage may result in the invalid commitment of the victim due to the fact that the disposal of legal interests does not conform to the true meaning of the victim's heart.However,there is no objective measurement standard for the judgment errors,which completely exists in the heart of the victim.Therefore,the judgment errors will not affect the legal evaluation of the victim's promise.The errors of determined expression were divided into the errors of the victim's knowledge of the situation of expression,such as the playful commitment,and the errors of the victim's ignorance of the situation of expression.The two kinds of errors have different mechanisms and different effects.Since the playful commitment is made by the victim on purpose and the victim has no intention of disposing of the legal interest in essence,the playful commitment is not an effective victim promise.The influence of misrepresentation on the legal effect of the victim's promise needs to be specifically analyzed whether the misrepresentation conforms to the content of the victim's legal interests.The identification of the legal effect of the errors based on the influence of actors changes the single judgment method of "Wrong Relationship Between Legal Interests".On the basis of analyzing the rationality and defects of the theory of "Wrong Relationship Between Legal Interests",the author puts forward that the criterion for determining the legal effect of the victim's promised error based on the influence of actors is a subjective and objective dual judgment on whether the objective relationship between legal interests is wrong and whether the victim's commitment is free and true.As for the determination of the legal effect of the presumed victim's promised error,this paper first analyzes the judgment criteria of the conflict in the presumed victim's promise,and then puts forward that the real will of the victim should be judged by the standpoint of hindsight.When there is a conflict between the imaginary will and the real will of the victim,the legal effects of the presumption error for the benefit of the victim and for the benefit of the actor or the third party(collectively referred to the interests of others)will be analyzed respectively based on the particularity of the presumption commitment:From the standpoint of the double protection of the victim's and the actor's interests,the validity of the presumptive commitment to protect the victim's interests is acknowledged;On the contrary,from the standpoint of protecting the interests of the victim from unreasonable infringement,the wrong presumption of legal consequences for the interests of others needs to be borne by the actor.