| The deducing promise is one of causes of obstructing the breaks of the law in criminal laws, as a special kind of"promise of the victim", it has a profound theory source. Chinese criminal scholars have done some research on promise of the victim and the deducing promise ever, but not deeply in most parts, only as a medium to populate some knowledge. So I have a consideration on them to some degree, combining Chinese reality. I think that it is useful to introduce this conception to Chinese criminal law to resolve some problems in Chinese criminal theory and judicial practice, and then consummate Chinese criminal system.The dissertation launches its research from a usual case and the argument about this case. There are three viewpoints about this case, I agree with the viewpoint 2. Chapter 1 raises that Chinese criminal law is short of the rule of the deducing promise, but such situation brings some difficulties to Chinese judicial process. So I insist that we need to add the rule of the deducing promise to Chinese criminal law. In the dissertation, Chapter 2 introduces basic situation about the deducing promise in foreign countries and China, including the deducing promise's meaning, essence and constituents. Then I combine all kinds of opinions, to make clear my view about the deducing promise, make a specific limit of it. Chapter 3 analyzes the theory base of adding the rule of the deducing promise to Chinese criminal law, from three aspects of the moral base, jurisprudence base and criminal base, then discusses the criminal significance of adding the rule of the deducing promise to Chinese criminal law from some practical circumstances : special injury,special intrusion and so on. At last, Chapter 4 discusses the specific position of the deducing promise in Chinese criminal law in future, points out that we should keep the causes of obstructing the breaks of the law in present position, absorbing the rule of the deducing promise, and at the end of the chapter, it discusses the arrangement of the deducing promise in Chinese criminal law from two aspects of entity and form.The characteristic of this dissertation is that I discuss the correlated conceptions and application of the rule of the deducing promise, combining Chinese criminal theory and judicial practice closely, I give my comprehensions and suggestions on whether adding the rule of the deducing promise to Chinese criminal law. |
