On The Victim's Risk Acceptance In Criminal Law

The victim's risk acceptance is the situation in which the victim realizes the danger through the actions of himself or others,or the joint actions of the two people,and the result of the infringement of legal benefits is negligent.In this case,whether or not the actor is liable for the results of the infringement of legal benefits has become a concern.The problem of victim's risk acceptance originates from judicial practice.As such cases have occurred in Germany and Japan,this opportunity has triggered extensive discussions in the German and Japanese criminal law academia.In China's judicial practice,there are also cases where victims are dangerously accepted,but they have not been given due attention.The judgments made by the courts are not always sufficiently convincing.In historical development,China has always been a country with severe penalties.It is unavoidable that the criminals may suffer the wrongs that should not be sustained in trials.Therefore,the study of the victim's risk acceptance is a requirement of the principle of fairness and justice in a country ruled by law.In addition,the victim accepts the danger of stressing the causal relationship between the behavior and the result,and is cross-linked with traditional criminal law theories such as negligence theory,victim's consent,and objective imputation theory.Therefore,the research on this issue has both theoretical and practical values.To study the problem of victim's risk acceptance,we must first clarify its concept.After clarifying the concept of victim's risk acceptance,we clarify the differences between the victim's risk acceptance and the victim's consent.The victim's consent is considered to be in the field of intentional crimes,and the agreement of the danger in the victim's consent is to agree with the upcoming results.The situation o f victim's risk acceptance is in the field of negligence.The victim only accepts the dangers of the behavior,but excludes hazardous results,so the victim's risk acceptance and the victim's consent cannot be equated.Furthermore,it analyzes the existing main viewpoints in the academic field,and concludes that neither the theory of victim's consent nor the principle of accomplice subordination can be used to properly solve the problem of the actor's liability under the situation of the victim's risk acceptance,and another way should be foundAfter clarifying the basic issues of victim risk acceptance,a discussion is held on whether and how the victim 's risk acceptance needs to be classified.On the premise that classification should be affirmed,the dominant criteria for the causal process of the incident are clearly used as the classification criteria,and the victim's risk acceptance is divided into three categories,which are "self-dangerous participation","dangerous based on consensus" and "common danger".With regard to the development of the causal process of events,the victims in the first type of situations have realistic dominance,in the second case,the actors have realistic dominance,and in the third case,the actors have protective dominanceBased on the classifications already mentioned above,we discuss the responsibility of the actor in the situation of the victim's risk acceptance.In the case of "self-dangerous participation",there is no actor's commitment to responsibility.In the other two types of situations,it is advocated to achieve the blame for the actor in each case with the objective imputation theory.Focusing on "create risks that are not allowed by law" and "achieve risks that are not allowed by law" as the main axis,determine whether the actor is responsible for the results of legal violationsAfter clarifying that the actor is responsible for the result in the victim's risk acceptance,we explore the impact of the victim 's self-determination on the actor's responsibility.The victim's self-determination reflects his free will and should be respected by law,but the decision is invalidated because it concerns the victim's life and major physical health.Although the self-determination cannot exclude the responsibility of the perpetrator,it reduces the harmfulness of the subjective and objective aspects of the perpetrator and reduces the condemnation of the perpetrator.Its role can be reflected in sentencingAt last the paper discusses the victim's attitude.It is believed that the victim accepts a danger only when he recognizes the danger of the behavior and voluntarily places himself in the danger under the premise of cognitive ability.At the same time,the viewpoint of advantage perception was negated.Finally,according to the foregoing,the general steps of how to blame actors in the situation of victim's risk acceptance are summarized,and the cases in practice are cited for illustration.