On Victims' Promise In Criminal Law Of Our Country

The victim's promise means that after the victim's effective commitment is obtained,the perpetrator's infringement can block the crime.In the criminal law of China,the only reasons for the illegality of justification are just defense and emergency avoidance.There is no explicit provision on the victim's commitment,but it is only a violation of the law to hinder the cause.Therefore,in real judicial practice,the penalties for cases involving victim commitment factors are often held in check,so whether it is theoretical or practical,it has the value of in-depth study.This article mainly studies from the four aspects of the summary of the victim's commitment,the criminal law promised by the victim,the special situation of the victim's commitment,and the practical application of the victim's promise.First of all,it is necessary to clarify its essence.The author summarizes the views of the two major categories of doctrines and analyzes them to draw their own opinions.He believes that the criminal law should fully respect the individual's right to make decisions.Secondly,it analyzes the requirements for the establishment of the victim's commitment from the perspectives of the three basic conditions of commitment,subjectivity,and time,as well as the scope of interests and the degree of infringement.In this section,we will clarify the basic issues and lay a good foundation for the following discussion.Followed by the focus of this study.The starting point of this article is the victim's commitment and effectiveness.The goal is to help the offender to offend or mitigate the punishment through the criminal law promised by the victim.This article will explain the viewpoint from the perspective of the victim and the offender in the specific analysis.It should be clear that the only thing that can determine the effectiveness of commitments is the criminal law itself,not the individual.Based on this,an abstract analysis of the effects of different criminal laws that criminal law effectiveness will produce,and the free abandonment of individual specific legal interests,will lead to the behavior of the actor's behavior.Some kind of crime and heavy penalty.Then study the effect of criminal law when making wrong promises.The victim's commitment to misunderstanding belongs to the subordinate concept of the victim's commitment.It refers to the expression of untrue and involuntary commitments.It simply states how to identify commitment errors and their theoretical basis.The victim's commitment to errors is specifically divided into several types.Each of them is analyzed and discussed one by one.The type of criminal law that may result.Ultimately,the theoretical study should be implemented in practice.Most countries have clearly defined the principle of victim commitment in the criminal law.The current people-centered background of governing the country according to law shows that it is imperative that the victim's commitment to the application of the law be regulated.This article will proceed from the foreign regulations and the applicable environment in China,and put forward specific suggestions for practice in society.