Construction Of Victim’s Consent In Criminal Law Of China

As society continues to progress slowly importance of self-expression values. Recognition of the fundamental rights of the individual as the pursuit of modern rule of law, namely the fundamental rights of individuals to self-commitment to the performance of innate more attention. Compared with other countries, China’s Victim commitment in a backward state, as reflected in the criminal law does not specify the effect of victims commitment condition constitutes an effective commitment to what and so on. While the victim is promised vast criminal law theory of a small problem, but this is a small problem can best embody one of the essential characteristics of a country’s criminal law. Based on this, the authors believe there is a need to clarify our commitment to the application of the victim, and to sort out their conditions constitute legitimacy to the victims in our commitment to construct a clear legislative model, and ultimately criminal justice and controversy.This paper is divided into four parts. For the first part, some basic problems of victims commitments discussed. The concept or "consent of the victim" concept first discussed the effect of the potential victims of criminal law dimension commitments and the effect on the Criminal Law of China, and then in China in the end is suitable for "victim commitments" were compared based on the final definition of the words clear and our four elements constitute the characteristics of that "victim commitments" concept should be followed. Finally, the author of the victims and promise commitment to reconciliation victims were compared; in the second part, the author discusses the legitimacy of victims commitment. Including the social basis of China-specific; by the third part of the commitment to other countries victims of criminal law provisions parity analysis, based on the legal principle that the offense of criminal law should be clearly defined in the general provisions. The last part, the author of the specific conditions of the victim of a promise analyzed.