Research On Constructive Acceptance

In recent years, with the concept of protecting human rights popularizing in thefield of Criminal Law and gradually taking root in the whole Legal Research, thepeople has paid widely attention to all kinds of reasonable groud which has thefunction of being guilty. Among Constructive Acceptance wasn’t raised moreattention in the past, now which gradually step into the people’s horizons. BecauseConstructive Acceptance has the value to be further discussed whether in theory or injudicial practice. This article attempted to clarify the problems related to the theory ofConstructive Acceptance, explore the necessity and feasibility of legislation aboutConstructive Acceptance, looking forward to further perfect Chinese criminal lawsystem, so then it’s convenient for solving the problems about being arised from thejudicial practice. This paper is divided into four chapters to discuss:The first chapter mainly introduce the basic theory of Constructive Acceptance.Make the corresponding introduce about the concepts, classify,status of ConstructiveAcceptance to combine with domestic and overseas View-points, while make suregradually the first image of Constructive Acceptance,which can make the peoplehave have an intuitive understanding of Constructive Acceptance.The second chapter mainly introduces the justified grounds and the foundingcondition of Constructive Acceptance.There are more disputes in the Criminal circlefor the justified grounds of Constructive Acceptance, the author mainly takes thetheory of social worthiness as the justified grounds of Constructive Acceptance. Aftermake a simple introduction about the established elements of ConstructiveAcceptance at home and abroad, the author start to discuss the established conditionof Constructive Acceptance that includes four elements such as the urgency of matters,the possibility of victims, the worthiness of society and the restrictions of promisedscope.The third chapter focuses on the introduction for the link among theConstructive and victim’s acceptance, act of rescue and negotiorum gestio, because they all have a close relation with the performance forms of Constructive Acceptance,it’s easy to make the people confused. Hence which clears up the relation between theConstructive Acceptance and these concepts are crucial.The fourth chapter mainly introduces the application of Constructive Acceptancein judicial practice and the legislative conception that was triggered by it, while therely on the theory of Constructive Acceptance mainly embody in the medical cases injudicial practice. Take special needs of the practice and the legislative feasibility ofConstructive Acceptance into account, the author based on this to suggest adding thelegal regulations of Constructive Acceptance in China’s Criminal law.In word, the characteristics of this essay is tightly combined with the domesticand foreign theory and the application of judicial practice on ConstructiveAcceptance,then put forward our own idea to bring in the rules of ConstructiveAcceptance in our country.