Research On Victims’ Self-trap Risk

The problem of the victim’s self-trapping risk comes from the objective theory of liability theory,whether it is the justification basis for eliminating the illegality,the path based on the illegal evaluation of the actor,or the victim’s own responsibility for the criminal responsibility of the defendant,etc.,There is great controversy in national precedents and doctrines.In recent years,with the continuous deepening of China’s research on the German objective liability theory system,the victim’s risk of self-trapping has been increasingly recognized by most domestic scholars for its compliance with the behavioral requirements and illegality.In the judicial practice of our country,most judgments do not recognize the exclusionary effect of the victim’s trapping risk on the wrongful act of negligence.Even if the criminal responsibility of the defendant is denied in a few cases,it is the same as the judgment opinion in the German and Japanese jurisprudence.To provide a unified and justified basis for the victim’s self-trapping risk to deny the defendant’s wrongful conduct,and even different cases in the same country have different solutions to the problem.This article focuses on the justification of the victim’s self-trapping risk and the illegitimate evaluation of the perpetrator,and attempts to investigate whether the perpetrator has violated the negligent duty of care in the system of negligent constituents.In the case of being able to protect one’s legal interests from harm,it is illegal to exempt the negligent duty of care.Taking the principle of trust as the legal basis for distributing the duty of attention between the victim and the defendant,and discussing the compliance of the constituent elements of the behavior in the risk of trapping in the investigation of negligence are the solutions to the blame for the risk of trapping the victim in this article.In addition to the introduction and conclusion,this article is divided into five parts,about 50,000 words,the main contents are as follows:The first part enumerates the typical cases of victim trapping risk at home and abroad.While explaining the basic concepts of victim trapping risk,through the prerequisite discussion on the source of the victim trapping risk theory,the question of attribution of the victim trapping risk And how to solve the problem of blame for the victim’s self-risk risk has made the necessary foreshadowing.The second part briefly expounds the basic theory of the victim’s trapped risk,firstly introduces the theoretical source of the victim’s trapped risk,then puts forward his own views on the scope of the victim’s trapped risk,and then puts forward the victim’s trapped risk The fundamental difference between these two concepts and the victim’s agreement are analyzed and discussed in more detail.The third part discusses and analyzes the representative theories of Germany and Japan,such as objective attribution theory,self-responsibility theory,accomplice dependency theory,victim’s own jurisdiction theory,etc.Risks can be assigned to the duty of care of the victim and the defendant through the principle of trust in negligence,and the defendant ’s unlawful conduct can be excluded from the conformity of the constituent requirements.The fourth part puts forward the solution approach and system positioning of the victim’s self-trapping risk behavior.First,the principle of trust and the connotation of "trust" are explained.Secondly,it illustrates the unique advantages of the principle of trust over other theories for blaming the victim for self-trapping risk.Finally,it demonstrates the principle of trust and the systematic positioning of the victim’s self-trapping risk behavior,which provides the necessary foundation for the specific judgment of blame proposed later.The fifth part firstly carries on the prerequisite discussion to the application scope of the trust principle,and at the same time points out that the social equivalence theory is the justification theory of the trust principle to solve the behavior blame.Secondly,the specific applicable benchmarks of the victim’s self-trapping risk behavior blame are proposed,including the three parts of the common cause of the two parties’ risk realization,the same degree of awareness of the actor’s risk and the actor’s perception of the victim’s acceptance of risk.At the same time,when it is pointed out that the blame for the victim ’s self-trapping risk has a sufficient basis for trusting the victim’s self-protection,it is an exclusionary reason for applying the trust principle.