Victim's Commitment And Its Criminal Law Effect

Victim's commitment is a long-standing eliminate misdeed.It would be more appropriate to define the legal basis of commitment as the "measurement" of profits rather than the "invalidation" of illegal benefits.The system orientation of commitment is a theoretical problem in the context of German and Japanese criminal law.It is not necessary and sometimes difficult to distinguish the "agreement" and "commitment" in China.Victim's commitment is the legitimate cause of a super-regulation in our country,so there is no need to make a strict distinction between types.In terms of the establishment requirements of the victim's commitment,the commitment ability should be judged based on the comprehensive consideration of the age and mental state of the subject;Commitment shall not be given by another person in the form of an agent,except in the case of medical treatment.Among the object elements of commitment,the object of commitment should be comprehensive and clear,including both the infringing act and the infringing result,as well as the means,degree and object identity of the infringement.It is difficult to find a proper legal basis for the acceptance of danger in the commitment theory of the victim.The crime involving multiple legal interests should be identified as the relationship between the legal interests independently.Even if the victim agrees to the part of personal legal interests,the establishment of the crime cannot be stopped.In the form of commitment,the establishment of presumptive commitment should be based on the will of the victim.Once the subject expresses the opposite meaning,the crime cannot be directly excluded by presumptive commitment.As long as the commitment exists in the victim's heart,there is no need to show it outside,nor is it necessary to recognize the actor.In the time requirement for commitment,commitment shall be given no later than the result occurs;The commitment of the victim after the fact in criminal law cannot produce the effect of "recognition" similar to that in civil law.Among the requirements of the victim's real will,compulsory commitment is of course invalid;The establishment of false commitment includes two aspects:"correct understanding" and "free managing".The basic direction should be the wrong view of the relationship between law and interests,and the choice possibility of the victim's commitment should be further judged.The victim's false commitment in the crime of fraud should not be required to go beyond the general principles.In terms of the effect of victim's commitment,the commitment to the establishment of general personal legal interests such as property and freedom can prevent the establishment of crime.However,the act of killing others by commitment still needs to be punished,which means that euthanasia should not be legalized in China,and suicide participation should also be legislated accordingly.In China,the criterion of admission of commitment to injury should emphasize the combination and limitation of subjectivity and objectivity,the objective level of injury must be above "minor injury level",and the subjective level of the victim's motivation should be limited to criminal law.