Study On The Victim's Acceptance Of Risk

In the previous theoretical researches of criminal law,theoretical constructions are rare victim oriented.Criminal law is regarded as a legal norm system to punish and prevent crime.This normative system as well as theoretical construction mainly focuses on the country with the right of prosecution and the criminal who is prosecuted.With the progress of society and the development of theory of criminal law,people's understanding on crime is deepening.They come to know that crime is not simply the result of the unilateral act of the perpetrator,but a result of the interaction between the perpetrator and the victim.Therefore,the role of victims should not be abstracted and objectified in criminal proceedings.Instead,more attention should be paid to victims.Nowadays,the protection of victims in law is becoming stronger and stronger,and the litigation status of victims is also rising day by day.However,compared with criminals,criminal law theory and criminal justice practice still lack the necessary understanding of the important position of victims in crime.As mentioned above,the occurrence of many cases is not only controlled by the perpetrator unilaterally,but also a process of interaction between the perpetrator and the victim.The role of the victim in the occurrence of crime must not be ignored.Victim's acceptance of danger is a new and controversial topic.It originated and developed in Germany,but China has not carried out too much research and discussion on this issue.The present paper concentrates on illustrating relevant theories of the victim's acceptance of danger.The author put forward personal views from the following parts.The first part introduces the concept and classification of the victim's acceptance of danger briefly and the disputes existing in the classification.The author's viewpoint is put forward based on the introduction on scholars' view on classifying he victim's acceptance of danger and what criteria to classify it.Then it discusses the victim's commitment which is closely related to the victim's acceptance of danger.The viewpoint of this paper is presented based on analysis of the relationship between them.The second part studies and discusses the current situation of the victim's acceptance of danger in Germany,Japan and China.It briefly discusses the views of Chinese scholars on the acceptance of the victim's danger.The treatment of the victim's danger acceptance in judicial practice in China is also included in this part.In the third part,on the basis of introducing the system positioning of the victim'sdangerous acceptance in Germany and Japan,the author discusses how to positioning the victim's dangerous acceptance in the context of Chinese criminal law.The criminal law structure of the countries of continental law system is different from that of China.Obstacles encountered in positioning the victim's acceptance of danger.In order to adapt to the four elements structure of Chinese criminal law,it is impossible to copy the practices of other countries.The author holds that the victim's acceptance of danger is closely related to the victim's commitment.Therefore,it is advocated that the victim's acceptance of danger should be placed in the constituent elements to solve by investigating and referring to the positioning of the victim's commitment.The fourth part introduces several representative theories dealing with the victim's acceptance of danger,including the theory of accomplice dependency the principle of protective trust and the self-responsibility of the victim.The principles and shortcomings of these three theories are expounded.Most scholars advocate using the victim's self-responsibility theory to solve the problem of acceptance of danger.However,scholars who advocate the victim's self-responsibility theory have set up many personal opinions on the establishment of self-responsibility.After considering a variety of factors,this paper also advocates the principle of self-responsibility of the victim as the principle of explaining the victim's acceptance of danger.In some cases,the wrongdoing of the perpetrator can be excluded.Faced with the defects of the victim's self-responsibility theory,the author puts forward some thoughts and ideas.Drawing on the conditions set by Professor Feng Jun for the establishment of self-accountability,the author sets conditions for the establishment of the victim's risk acceptance of self-accountability.In the fifth part,the author uses the theory of self-responsibility of the victim to expound the author's views on the victim's acceptance of risk cases in China.