Research On Victim Commitment Related Issues

Victim Commitment Theory has a humanized realistic meaning in terms of the promotion of the rule of law in China.Against the background of the rising trend of world rights protection,China's criminal law system has produced contradictions that make it difficult to coordinate the theoretical status of crimes.This poses a new challenge to the allocation of victims' rights in China's criminal law theory.In a series of questions about the victim's commitment,the legal basis is the basis of its theoretical research;the constituent elements are the core of its effectiveness;the presumed commitment is an extension of its legal basis.Correspondingly,respect for the victim's autonomous will is not only the premise of the legal basis for the victim's commitment,but also the internal factor of its effectiveness;the social equivalence theory is the external factor that restricts the victim's commitment.Proposition: On the basis of jurisprudence,the measurement of interests should be used as a means to explore the victim 's autonomous will,and supplemented by the social equivalence doctrine for value standardization;on the constituent elements,the victim 's autonomous will should be used as the logical starting point for interpretation,and the legal benefits The state of competition,the time when the promise is made,and the limitations of external factors such as ethics and morality serve as the logical end point of the interpretation;in the assumption of the promise,the principle of the autonomy of the victim 's rights should be followed,which is reflected by the presupposition of the assumed will and the measurement of interests.The will of the victim;in the analysis of the constituent elements,structural judgment can be made through the logical way of syllogism.In view of the systematic macro-contradictions in the legislative environment promised by the victims,the feasible and effective way is not to rashly legislate,but to utilitarianally explore judicial resources.Flexible use of established judicial interpretations,jurisprudence,and related legal basis to further clarify rigid judicial logic,thereby opening up multiple channels for victims to commit crimes.