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Research On The Victim Commitment In Criminal Law

Posted on:2019-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330542995850Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The word promised by the victim,beginning with the Roman jurist Urbiyan,began to appear in people's field of vision.Until today,it has become a problem that many scholars can't avoid when discussing legitimate causes.However,what is the justification basis for the criminal law's commitment to the victim's promise? The criminal law community has many disputes.The victim promised to have important guiding significance in judicial practice,such as euthanasia,injury in the arena,and help with suicide.Although some scholars in our country have begun to pay attention to the development of victim commitment theory.However,there is less research on the theory of victim commitment and there is no clear provision in the current Criminal Law of our country.Therefore,this article is to put forward their own opinions on some issues in the victim's commitment theory and put forward their own opinions and viewpoints for the perfection of the victim's commitment theory.This article is divided into four parts.The first part outlines the theory of victim commitment in criminal law.The basis for the origin of the theory of the victim's commitment at home and abroad,the implication of the victim's commitment to deterrence,and the justification of the victim's commitment are based on the theory of each country.The second part uses the victim commitment theory to analyze euthanasia,injury behavior in the arena,help suicidal behavior,and medical behavior one by one.The third part is mainly about the extraterritorial inspection of the victim's commitment theory,absorbing the essence,and destroying the dross,in order to learn from and improve the victim's commitment theory in China.The fourth part is the key part of this article,and put forward its own suggestions on how the victim's commitment in China's criminal law is to be regulated,that is,the main elements,subjective elements,permission elements,time elements,the content of the committed person's behavior,and the content of the commitment.
Keywords/Search Tags:Victim's Commitment, Obstruction of Illegality, Rightful Cause, Criminal Regulation
PDF Full Text Request
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