Research On Victim Commitment In Criminal Law

Victim commitment means that the owner of the right,that is,the victim,commits to another person’s infringement of his own legal interests,and permitting is one of the reasons that can be ruled out.Nowadays,with the development of science and technology,the pace of the times is getting faster and faster.In recent years,in the judicial practice of criminal law,issues related to victims ’commitments have occurred from time to time.However,the provisions of criminal laws and regulations on victims’ commitments in China are almost Blank.Therefore,aiming at the theoretical basis and system positioning of the victim’s promise in criminal law,the feasibility in China’s criminal law is an urgent need to explore.Researching the victim ’s commitment needs to first clarify its concept.Although some scholars have disputed its name,they believe that the victim is the right holder or the beneficiary,but the name of the victim can better reflect the harmfulness of the behavior of the actor and the victim.The nature of the criminal law field,and the promise is more in line with the concept than the agreement and consent.By combining the current research status of the victim’s commitment in China,and the theoretical research and legislative status of the civil law system and the British and American law system,the system positioning is discussed.In the theory of victim commitment,the contention between monism and dualism cannot be ignored.Through research and analysis,it is more reasonable to say that the victim’s commitment is blocked by the monism.The dualism has no distinction between "consensus" and "agreement".meaningful.After the method of committing the crime committed to the victim was determined,the question of its scope of application followed.Just as freedom is always relative,although the victim promises that citizens are exercising their right to freely dispose of their legal interests,we also need to limit the scope of legal interests that they can promise.The most important thing to explore is the right to life and physical health.The current view that the rightto life cannot be promised is still the mainstream view,the main reason is that the legal benefit of life is the highest legal benefit of the individual,and it has a certain social nature,not a pure personal legal benefit,but is closely related to the issue of euthanasia.The reason for the change is that the victim promises to turn it into a legal medical behavior based on the victim ’s commitment under strict restrictions by restricting its subject and implementation conditions.As for the promise of the right to physical health,it mainly involves the crime of intentional injury.It is reasonable to judge whether the promise is valid or not by enacting relevant legislation,taking the law as the first element and combining social assessment.