On The Establishment Elements Of The Victim's Presumption

As the value orientation of criminal law is more and more towards the direction of the protection of humans' rights,all kinds of illegality deterrent are getting more and more attention from the people,among them,the victim presumption commitment as a super regulations of the elimination of illegitimacy is gradually into people's horizons.But what we still need to face up is that the study of the concept of the victim presumption commitment and it's constitutive requirements is still so weak.It cause the situation that there so many theories in this area.And it also provide the necessary to accurately explain the constitutive requirements of the victim presumption commitment.In the condition of the reading of informations.This theory hopes to enrich the related theory and make some help to the criminal judicial practice.At the first of this theory,the case of Yongnan hospital emergency medical case has been brought in to introduce the actuality that the study of the victim presumption commitment doesn't get attention,and it cause the situation that there are so many difficulties in the the judicial practice.So the writer think its necessary to get more attention on the victim presumption commitment.Secondly this thesis explain the meaning of the victim presumption commitment and analyze the kinds and the base of legitimacy of it,and it's the social due of this kind of behavior.At the third part of this thesis the writer mainly explain the studies of the victim presumption commitment in the extraterritorial criminal law and its constitutive requirements.And in the fourth part of this theory the writer combined with the existing theories to explain the constitutive requirements of the victim presumption commitment.Then this thesis particularly explain the basal requirements and the limiting requirements of it.At the end,this thesis explain some problems of the actual apply of the victim presumption commitments with two real cases.