A Study On Victim Commitment In Criminal Law

Legal maxim " Volenti non fit infuria " evolved Victim theory, the study of criminal law and criminal legislation to improve the system is extremely important, and has been widely accepted and recognized by many of the world countries, regions, and in the legal provisions have norms or reflected. Victim’s commitment, also called the victim’s consent, is fingering benefits enjoyed under the law in order to allow people of their legitimate rights and interests of the freedom to make punishment, when self-determination and the right of citizens in the game of power in the country in a strong punishment when standing, the perpetrator of the infringement has no illegality, not punishment. Its more mature civil law theory, negates them as illegality, while China is the lack of relevant regulations and legislation as a form of super-legitimate ground exists. Victim theoretical study has great significance in guiding judicial practice, improve the criminal legal system, while better respond to solve complex social problems emerging. This paper studies this theory as the main content, aimed at clarifying the relevant theoretical basis for the victim promised the establishment of requirements and other issues, in order to achieve the correct distinction between conviction and sentencing issues aimed at the victim commitments under the criminal law to protect people and punish crimes better achieve the legislative purpose.