| The consent of victim is the permission on which the people has the right\to act against their own implementation of controllable rights. According to the theory of criminal law, the promise of victim is a justified behavior and has the characteristics of hindered infringement of criminal illegality. It is generally believed that the person has the right to promise the property rights and freedom.That no person shall deprive others of life also recognized by various countries’criminal law.Whether the health rights and interests can be promised or not, and whether the promise of victim in the judicial practice can act constitutes a crime or not. The theoretical circles have many disputes. In Chinese legislation of criminal law, the question has no answers. Therefore, this paper tries to discuss related issues on victim promise theory in order to provide some references to the judicial practice of the victim’s commitmentThis paper is divided into five parts, the first part tells the introduction of the topic through the actual cases. The second part introduces the conception of victim commitment, developing history of victim commitment, and the necessity of the legitimate In the third part, the author analysis the conditions of the personal injury cases including the commitment ability, authority, content and other aspects, In The fourth part, the author tells the legislative, judicial status about the promise of victim injury from the domestic and foreign criminal law, cited several viewpoints on whether the victim’s commitment about the implementation of injury can act constitutes a crime behavior of the of the collation and analysis, and analyzed the main morality theory and significant damage theory. The fifth part tells the view of the author based on our country’s legislation and judicial present situation, the author argued specific rules of the promise of victim in the judicial practice and boldly suggested adding relevant provisions in the criminal law. |
PDF Full Text Request