Criminal Significance Of Self-determination

Victimology has been paid more and more attention in the West since the 1940 s and officially rose in the 1960 s,which is is known as the "rediscovery of victims" campaign.“Victim creed”emphasizes the respect for the subject status and self-consciousness of "victim" and shift the focus to the victim.The rise of "victim creed",which not only breaks the dual paradigm of "state defendant" in criminal law in some extent,but also promotes the re-problemization of "non-problem" in the dual paradigm of "state-defendant ",which is beneficial to the reflection of " pre-principal" in criminal law.Criminal law of the people's Republic of China(hereinafter referred to as "the Criminal Law "),Although there are many legal provisions reflecting the concept of self-determination and can be found in the general and specific provisions.But up to now,the mainland criminal law circles still lack the systematic research on the individual's right of self-determination and even the "victim" behavior.In this view,the author by combing the existing statutory provisions embodying the concept of self-determination and studying the theoretical principle of the right of individual self-determination,tracing the orientation of his criminological system,and apply the conclusions to the practical problems,thus trying to provide a more complete and in-depth explanation for the important but neglected issue of the right of individual self-determination in criminal law.The arrangement of this article is as follows:At first,this article will combine the relevant provisions of the criminal law and the existing theories to analyze the concept of individual self-determination behind the relevant provisions of the criminal law.Digging out and sort out articles on individual crimes,including articles 232,234 and 236 of the criminal law and by using the theory of class crime,this paper demonstrates the significance of the constituent elements of individual self-determination of "victim" in the above-mentioned crimes,such as being proper,illegal and responsible,this will show the commonality of these rules in terms of deep ideas.Each specific regulation is onlythe concrete embodiment of the same basic idea in different scenarios.Second,this article tries to clarify the connotation,form and system orientation and significance of the individual's right of self-determination in criminal law.The article belivevs that the starting and difficulty point of discussing the individual's right of self-determination in criminal law are how to properly place the individual's right of self-determination in the crime theory system,or how to distinguish the reasonable boundary of individual's self-determination in criminal law.We will draw on the relatively familiar victim's consent theory,and through reviewing the intermittent struggle of "monism" and "dualism" in recent decades to analyze what is the debate about the system position of "individual self-determination",then to put forward and demonstrate the author's systematic views on the system positioning of individual self-determination.In the end,this article will focus on examining the specific impact of individual self-determination on all levels of the three-tier crime system.After study we found self-determination of victims has the effect of deserving crime and constituting crime.It can also exist as a cause for legalization,and be used to reduce the reproachability of the perpetrator after it is illegal.In addition,this article also tries to discuss the criminal procedural significance of the right of self-determination to further corroborate the criminal legal significance of self-determination.The criminal procedure starts with the victim's private prosecution and ends with the victim's withdrawal,among them,victims promote the reconciliation and mediation process so that criminal procedures can be carried out.