Systematic Positioning And Specific Development Of Victim Consent

In recent years,the issue of victim consent has been studied and discussed more and more in the field of criminal law,but most of the focus is on the connotation of its definition,the basis of its legitimacy and the conditions of its establishment.Four elements theory in our country,the victim consent is positioned in laws and regulations of legitimation for but as a result of the four elements theory itself,such as incomplete basic concept,logic and order confusion,problems such as the overall function of broken the lack of a complete system of criminal theory characteristics,the theoretical predicament causes the victim consent and have a logical contradiction system of four elements,free from the four elements of crime theory,thus unable to play a role of stability from sin.Therefore,this paper chooses to study the position of victim consent in the theoretical system of three levels of crime.As for the orientation of victim consent in the class theory,there are mainly two views in German and Japanese criminal law: one is to unify consent as a constituent element of hindrance;the other is to distinguish consent as the "consent" of constituent element of hindrance and the "commitment" of hindrance.In essence,it is to explore whether the victim’s consent is a crime in the constitutive elements class or in the illegality class.Through the analysis of the criminal law effect of victim consent and various theories of justification,the connotation and essence of legal interest are understood again,and the victim consent is finally positioned as the cause of constitutive elements in the three-level crime theory.Based on the system of orientation,to build the established conditions of victim consent,agree to the legal interests of the victims,agree ability,the scope of objects,the real intention,agree and disagree with time made specific requirements,The case examines the validity of the establishment conditions,with a view to providing theoretical basis and practical tools for properly solving the problem of victim consent in judicial practice in China.