On The Victim’s Self-responsibility

The theory of victim self-responsibility originated from the needs of judicial practice in Germany and Japan,and was gradually developed and perfected with the needs of judicial practice.It researched the criminal liability theory from the perspective of the victim and broke through the traditional criminal law theory of liability The limits of concern are the subjects responsible for the non-occurrence of damage results.In the case where both the perpetrator and the victim perform relevant acts on the victim’s legal interests and have an effect on the realization of the legal interest infringement,based on their freedom of will,the victim executes the infringement against their own legal interests,and eventually leads to the realization of the legal interest infringement.The responsible person who avoids the occurrence of damage results from time to time is the victim.The act of the perpetrator did not realize the violation of legal benefits because of the existence of the victim’s behavior,and thus was ruled out of law.The victim’s self-responsibility provides a reasonable explanation for the divergent and controversial issues such as the victim’s self-trapping risk and suicidal participation in China’s judicial practice on the basis of facing the victim’s status squarely,and promotes punishment of crimes and protection of human rights The realization of the purpose of criminal law,and further study of this theory can further promote the development of China’s criminal law theory.This article mainly studies the theory from the following four parts:The first part is the introduction.It mainly introduces the background and significance of studying the theory,the current status of research in the field of domestic and foreign theoretical circles,the types of research methods and innovations in this paper.The second part is a basic overview of the victim’s self-responsibility.First,the meaning of victim’s self-responsibility was clarified,and similar concepts were distinguished.On this basis,the legal philosophy foundation of the victim’s self-responsibility theory---freedom and self-determination and criminal law paternalism is further discussed,and the hermeneutical basis of the victim’s self-responsibility “unity of arbitrary,behavior and result” is specified.Finally,the theoretical positioning of the theory in China’s criminal law system is analyzed.The third part is the constituent elements of the victim’s self-responsibility and the types of application.As the focal point of the full text,this paper mainly studies the content of the content of the theory,and clarifies the content of the victim’s self-responsibility,behavior and legal benefits.At the same time,the applicable types of the theory are described based on the composition conditions.Finally,based on the principle of coexistence of principles and exceptions,the types of exclusion of victims’ self-responsibility are described,and the formal conditions are met,but the theory can not be excluded in practice,and the theory is sought to be perfect.The fourth part is the research on the practical application of the victim’s self-responsibility theory.First,it describes the practical application of victim self-responsibility in the problem of victim self-trap risk.By contrasting the victim’s commitment theory,social equivalence theory,and behavioral danger negation theory,the shortcomings of the victim’s self-trap risk problem are pointed out,and the victim’s self-responsibility is pointed out.The superiority of theory to solve the problem of trapping risks.Secondly,it discusses the victim’s self-responsibility and suicide participation,analyzes the shortcomings of the judicial practice in China’s current position on suicide participation,points out different solutions to suicide participation,and points out that in the context of suicide participation,victims’ self-responsibility is the most convincing basis for the solution.Finally,this section discusses the application of victim self-responsibility under a special subject,combining this theory with firefighters’ behavior in practice,behavior in the field of sports,and behavior of doctors in the medical field to solve the problem of uncertain judicial positioning,To increase the rate of co-judgments and achieve judicial justice.