| In today’s society,the humanistic spirit and modesty spirit of the criminal law has been recognized.In practice,the victim spiritual commitment carries also highlighted,we gradually realized that the criminal law not only can be used to maintain the dignity of the country,maintaining fairness and justice,more attention should be paid to the limits of country and citizen: citizens have the right to decide how to dispose of their rights and interests,countries should not have more intervention,and to guarantee the exercise of such rights,this is the spirit of the victim promise system conveys the kernel.China’s criminal law still maintains the four-component crime component system learned from the former Soviet Union.The crimes recognized by the law are only legitimate defense and emergency hedging,while civil law countries have basically improved the third-tier criminal laws.In class theory,although there is still a dispute between the "monism" and "dualism" in the academic commitment system,there is still a place for it,and even many countries have constituted the law for the victim commitment system and applied it.The absence of victim promise system in China caused this kind of behavior in theory cannot constitute justification of immunity and without the basis for sentencing in practice.thus consummates our country the victim commitment theory position in criminal law theory not only conforms to the significance of the justice of criminal law,but also has effective solve the victim commitment theory in the practice of the euthanasia,medical cases,infringement of personal information and other issues of practical significance.The first part of this paper combs the basic theory of the victim commitment system,determines the necessity of using the word "commitment" in the context of China’s criminal law,analyzes the system positioning of the victim commitment system in the hierarchical theory and puts forward the position of the victim commitment theory in the four-element constitutive elements system.The second part summarizes the specific requirements for the establishment of the victim’s commitment,draws conclusions from the aspects of the victim who makes the commitment,such as the conditions,the time of the commitment,the legal interest of the commitment,and the way of the commitment,and puts forward his own ideas.The third part,trying to apply the victim commitment uniform to practice and select some current social comparison in fashion new problems to discussed,such as violations of the citizens’ personal information in the field of crime and health care patients’ right to know and the cohesion between the victim promise.It can clear the system of victim promise,convicted circumstances and given circumstances of a specific,real intention to make the victim system play a role in China,no longer become obscure academic knowledge on book. |
