Explore The Condition Mechanism Exoneration Of "Victim’s Acceptance Of Risk"

Although the concept of "Victim’s Acceptance of Risk" has only been mentioned by Chinese scholars in recent years,it is a controversial academic term.There are various opinions in terms of its connotation,internal distinction,application of theory and so on.Through four parts,this paper combs and demonstrates some of the above disputes.First of all,with two typical cases of our country’s judicial lead to "Victim’s Acceptance of Risk" problems.Secondly,it is against some scholars’ insisting on criticizing the problem of "Victim’s Acceptance of Risk" with the theory of self-accountability,and demonstrating that it is necessary to make a distinction between the problem of "the risk of acceptance of the victim".Inside the problem,it can be divided into two types:"self-risk" and "otherness-risk".It also proves that”otherness-risk”does not include the victim’s consent to others’ intentional injury to himself.Then,explain the reasons for the two types of condition mechanism exoneration:On the situation of"self-risk",the perpetrator does not commit a crime by using the theory of Accomplice Dependence;On the situation of " Otherness-risk",the perpetrator does not commit a crime by using the theory of Objective Attribution and Victim’s Creed-Finally,it is confirmed that the perpetrator in the above cases can judge no crime by the steps of the"Three-tier Doctrine".Although unable to solve the "Victim’s Acceptance of Risk"problem in China’s traditional "Four-element Regime",but can use the "proviso" in thirteenth of the criminal law to explain why perpetrator does not constitute a crimeThere are two innovative points in this paper:On the one hand,in "Three-tier Doctrine " with Accomplice dependence Theory and Objective Attribution Theory to explain the perpetrator does not constitute a crime in two typed under the "Victim’s Acceptance of Risk".On the other hand,find the position of "Victim’s Acceptance of Risk" in the criminal law of China.