Discuss The Victim's Commitment Which Constitutes An Element Of Resistance

In German and Japanese theory,the concept of victim commitment has experienced a "dualism" system from the elements of obstruction and illegality,and gradually evolved into a "monism" system to explore the elements of obstruction.The reason for this fundamental change is that scholars began to agree that the fundamental task of criminal law is to protect legal interests,and the so-called legal interests do not only refer to the objective survival state of specific objects or objects,but also cover the right of obligees to freely control legal interests according to their independent consciousness.It is generally recognized that the victim's commitment leads to the perpetrator's behavior,which will no longer have urgent harm to the obligee's legal interests,so it can no longer be regarded as an implementation behavior that meets the constituent elements.At the same time,the crime of being promised to obstruct is limited by conditions,mainly including two aspects,which need to be discussed in detail from two aspects: objective elements and subjective elements.Among them,the focus should be on the content scope of the victim's free commitment,which determines whether the effectiveness of the victim's commitment can be realized to a certain extent.Under the framework of the "four elements" theory of China's criminal law system,there are some inevitable problems in the connection between criminal law theory and judicial practice.This paper puts forward some suggestions on the legal basis and logical judgment of judicial judgment.