Research On The Victim’s Commitment System In Criminal Law

The victim’s commitment is very important in the field of criminal law. Some western countries has legalized the victim commitment as legal illegal resistance, or set specified charges related to cases involving the victim commitment in the specific provisions of criminal law to Influence conviction and sentencing.But in our country, the victim’s commitment is not included in the current criminal law system, and there are only two kinds of legal justification:Justifiable defense and emergency hedge. The victim’s commitment can not become a basis for the Exclusion of crime, nor on the sentencing. The cases involving the victim’s commitment are generally deal with referred to as the common crime,which is often form a negative judgment on the perpetrator.Through the analysis of the victim’s commitment in three perspectives: the constitution system of criminal law、principle of legality、the specific provisions of criminal law in China,the basis for the victim’s commitment in the judicial practice is difficult to find. In the criminal law, legalization of victim commitment has become an inevitable trend, in order to achieve a better judicial and social effect, the the victim’s commitment in our criminal law and the establishment of the elements need to carry out a specific analysis.At present, there are still many problems in the process of euthanasia in our country. However, After the legalization of victim’s commitment in the future, the euthanasia can also be interpreted as a special form of the victim’s commitment and applied in judicial practice.