Research Based On The Promise Of Personal Injury Victims

The victim makes a promise that he will give up his rights and interests which he can control. And the actor do harm to the victim based on the promise, this is the so-called the promise of the victim. The promise of the victims exists as a justification in our country. The criminal law theory in different countries generally believed that it has the characteristics of preventing criminal illegality. It is generally believed that the property rights and the freedom rights can be promised, but the life is not belong to the scope that one can make a promise to give up his rights. No one can deprive the lives of others has received the recognition in the national law theory. However, if the body health rights can be promised and if the commitment to the victim’s damage behaviour is to constitute a crime in the judicial practice is controversial in theoretical. And there is no clear stipulation in the criminal legislation about all these problems in our country. Therefore, based on this status quo, the author through the analysis of the commitment to personal injury cases in the judicial practice, try to through the cases lead to the difficult problems about the legal effect of the damage of commitment and the judgement of established condition. By comparing the analysis theory of criminal law theory in the extraterritorial countries and the relevant provisions of the dispute, Combing with the promise of the victims in our country criminal law, I put forward my own ideas. Look forward to improving the theoretical system of criminal law and to provide a certain reference basis for the personal injury cases with the promise of the victims in the judicial practice.There is four parts in this article:The first part is the related cases and the legal issues. Select the representative cases in the judicial practice that subject to consent by the victim’s damage behavior and analyzed the problems about the legal effect of the damage of commitment and the judgement of established condition.The second part is “the analysis of the nature of victims’ promise behavior in personal-injury cases ”. From promise of the people’s ability to make a promise, the permission, intention,commitment and commitment of time and so on to analysis the validity based on the personal injury about victims’ promise, and analyzes its legal effect at the same time.The third part is “extraterritorial legislation and theoretical controversy”. Firstly, I elaborated the continental law system and Anglo-American law system countries respectively for the commitment to the victim’s damage behavior of the related regulations. Also, compare and analyze the debate of the nature of the victims’ promise in the theoretical both Chinese and foreign and the legal effect caused by the promise of the damage.The fourth part is “the evaluation of the damage based on the promise of the victim in our country’s criminal law”. Because the promise of the victims in our country is just as a justification for existence and not clearly stipulated in the penal code of our country, In the face of more and more personal injury cases based on the promise of the victim in the judicial practice, there is no rule to follow for the judicial workers. This article is certain based on the status quo in the legislative and judicial. Introduce the personal injury cases about the victims’ promise in our country and do some evaluation and analysis on those. Put forward the legislative ideas that make a clear rule both in the general provisions and specific provisions of the criminal law. Looking forward to provide a certain reference for how to deal with this cases in the judicial practice.