Study On The Effectiveness Of Victim's Commitment

As a special case of the justifiable of the law,the victim's commitment has been recognized in the study of criminal law.But in our country,crime is regarded as the conflict between the country and the criminal,and the victim plays a little role in it.Under the theory of four elements in crime constitution,the theory of victim commitment is excluded from the elements of crime constitution,China's criminal law does not clearly stipulate that it exists as a statutory cause of preventing crime,but its impact on conviction and sentencing can be seen in judicial practice.Some countries and regions also clearly stipulate the victim commitment in the criminal law,such as Italy,Taiwan(China)and Macao(China).From the perspective of the effect of criminal law,the most substantial effect of the victim's commitment is to exclude the criminal.This is also a natural consequence of the victim's commitment.The realization of its effect necessarily requires many conditions come true at the same time,lacking of some of these conditions,the victim's commitment in the criminal law effect can not be fully realized,and it will appear other effects in the criminal law.This article mainly analysis the effect of commitment on the criminal law,and to explore the legitimacy basis of these effects at the same time,clearing up the basis of the commitment shall meet the basic conditions and limiting elements in the case of the victim pledge is effective,and concluded that the effectiveness of the commitment,the victim makes it a standardization of the criminal law theory and embody its practicability and value in the judicial practice.