Combing And Exploring:The Exoneration Basis Of Victim's Commitment

The discussion on the exoneration basis of the victim's commitment is not only related to the setting of its system orientation and establishment conditions,but also a powerful guide to guide judicial practice to make a reasonable judgment.From the view of the victim and the essence of the crime of legal interest infringement,the existing theories demonstrate the exoneration basis of the victim's commitment with the measure of legal interest.However,as a reason of innocent,the justification of the victim's commitment is not only because what happens by the will of the victim is legal,similarly,it's not because of the absence of the protection of the legal interest.The interpretation of this question can not only rely on the re-interpretation of the concept of legal interest,but also cannot allow the right of self-determination to prevail in the system of criminal law.It is the research path that combing and demonstrating the victim's commitment in a step-by-step manner according to the existing system of criminal constitution and naturally derive the conclusion.In this process,we should not just focus on the victim,but take both the feason and the victim into account.At the same time,it is necessary to demonstrate the relationship between individuals and social community and the relationship between individuals and the application of norms.In addition,the behavior of victim's commitment cannot completely eliminate all the illegitimacy of the feason's trespass.The combination of“the behavior of commitment” and “trespass” will cover up the feason's“illegitimacy of trespass” and have the danger of making the system of criminal constitution invalid.It is of great significance to take evaluation apart to answer systemic questions and solve practical problems.Firstly,the article adopts the methods of historical research and comparative study etc.By combing and evaluating the existing theories in two dimensions,we found that the existing theories explain the exoneration basis of the victim's commitment by individualization and subjectivity of legal interests.And this path is called legal interest thinking.However,the subject of legal interest is not an individual.The essence of the crime is not just because of infringement of the legal interest.Individual autonomy is not all the reasons of the justification of the victim'scommitment.The legal interest thinking and the victim's commitment are not at one level.Legal interest thinking is inconsistent with the conditions of the victim's commitment.In addition,using the legal interest to guide the interpretation of the constituent elements has a boundary doubt.Therefore,legal interest thinking has difficult to interpret the exoneration basis of the victim's commitment.Then,by analyzing the status of the victim in the criminal law system,the author points out that the victim has no decisive role in the determination of the crime and the obstruction of the crime,and the victim's commitment can only add a judgment data for judging the subjective fault.And It is impossible to eliminate all the wrongdoing of the feason through the victim‘s commitment.The article proposes that the view should be changed,that is,the feason as the center,to demonstrate the exoneration basis of the victim's commitment.Finally,based on the transformation of the view,this paper puts forward an alternative-intentional blocking theory.Through the analysis of the subjective psychological state of the feason,the author recognized the subjective non-hostile attitude of the feason to the norm in the context of the victim's commitment.At last,the author draws the conclusion that the victim's commitment can obstruct the feason's intention,and applies this conclusion to the concrete case to test.