Significance Of The Victim Committed The Criminal Law

Crime victims induced by commitment is an important subject, the moment criminal civil law theory has some of them as a super-law negates a number of national criminal law will also be part of the factors classified as a crime. This combination of Chinese and foreign scholars on the victims and commitment to research, focusing on the effective commitment to make the conditions of commitment to be beneficial areas of law, commitment acts as well as the sentencing of convicted four baking a comprehensive analysis. Commitment to research carried out victims, help to further a clear commitment to certain types of crime victims criminal significance,as well as the building of our country's criminal justice and to promote commitment from the victim to justify a super-subject rules into statutory subject matter, from an ultra-lenient laws and regulations into statutory subject matter made the subject of guidance leniency.Full-text is divided into four parts:Part I: Overview of commitments. First of all, effective commitment to inform, time, and a basic overview of the object. The author believes that commitment to act must be expressed through a certain form and to be informed against the person .If only in the heart, you can not be considered a criminal sense of commitment. According to its commitment of time, can be divided into pre-, during and after, as a rule of criminal law of commitment, in advance, and make an effective commitment to something is the time element, and the perpetrator can be made against the result of a withdrawal before the result.After the commitment is just as the impact of sentencing discretion of a plot exists, can not rule out a criminal illegality. Commitment to both the object of the act of commitment, including commitment to results and from a deliberate distinction between crime and criminal negligence in the analysis. Secondly, through commitment to people's understanding of the elaborate analysis of the effects of a lack of will and commitment, including in the understanding of error, fraud and threats and commitments made under duress. Finally, under the effective commitment to make the conditions for analysis of whether the agency committed to the personal commitment of the effect, whereby the main body of the conditions promised to be understood.Part II: Promise benefit areas of law. First of all, that the theoretical basis for commitment authority - state power and individual rights, alienation by the formation of the legal rights-based commitment to the validity of the decision as well as direct victims of the theory of effective commitment. The theoretical basis for commitment authority through studies that show why there can be "that they promise not illegal" principle. Second, focus on analyzing the scope of the commitment. The state and society benefit because people do not have the commitment authority, therefore outside the context of the commitments. In personal legal interest, owing to the special nature of legal interests of life, life legal interest is excluded from the commitments.Analysis of health law at the same time beneficial to limit the commitment and the commitment to personal law can be beneficial.Part III: commitment to the impact of behavior on the conviction. First of all, the discussion is why the commitment to the victims of criminal violations can be ruled out, will constitute a form of behavior in line with the legalization of crime. This is a commitment to focus on the behavior of individual freedom confirmed his commitment to the criminal offense of sexual acts, while in line, but do not have the connotation of illegality in real terms and as a private in nature trade practices, triggered by this commitment crime is a lack of social harm results. Through the analysis of these causes, shows the existence of acts of commitment to rationality, legitimacy. Secondly, according to an analysis of the above reasons,the crime of rape and minor injuries from the start, the specific commitments set out how the exclusion of criminal behavior is unlawful, how to clarify "that they committed no illegal act," the principles.Part IV: commitment to act on the sentencing implications. Committed acts not only can affect the conviction, but also can affect the sentencing. In this section, I start from the Shanxi euthanasia cases, combined with the theoretical knowledge as described earlier, setting out the impact of behavior on the sentencing. Committed themselves not only as a discretionary sentencing circumstances exist in our country's criminal justice, can also be introduced into China's criminal law provisions to become a statutory sentencing plot.