Research On The Criminal Regulation Of Legal Agents Substituting Commitments

China's criminal law only stipulates that justifiable defense and emergency avoidance can achieve the purpose of eliminating social harmful acts.However,in judicial practice,China's criminal law holds a positive attitude to the validity of the victim's commitment.To some extent,it admits that it has the legal meaning of preventing illegality.Take the acknowledgment of rape as an example,if a man forcibly has a sexual relationship with a woman,but she handles the her autonomy of sex,i.e.she agrees to have sexual relation,then the man's behavior does not constitute rape.On the contrary,it constitutes.Thus,though China's criminal law regulates the perpetrator,the nature of the victim's behavior has great significance.In view of this,China's criminal law academia began to attach importance to the study of criminal acts from the perspective of the victim,and a substantial number of academic studies make contribution to it.However,there are still many issues worth discussing in this field,in which includes the topic of this paper—the issue of alternative commitment by a legal agent.The principal under the statutory agency has some limitations in the understanding of illegal acts.His understanding of the legal consequences of illegal acts is also incomplete.Although the sender of alternative commitment has independent cognitive and foresighted abilities,the corresponding victim is separated from the sender of the substitution commitment.The particularity of the separation of the subject leads to the fact that we cannot directly identify the nature and effectiveness of the alternative commitment in the field of criminal law.First,can we draw lessons from the provisions of the civil law,which promises to the outside world that the rights and interests of the principal shall be dealt with by legal agent? If so,how to effectively evade the alternative commitment beyond the tolerance of criminal law? Secondly,can we consider equating the validity of alternative commitment to the victim's own commitment? Does it have the effect of obstructing illegality? At present,our identification of such problems is still in a state of ambiguity.Therefore,the study of the issue of the legal agent to replace the victim's commitment will promote the improvement of criminal legislation and justice.Based on the criminal law effect of the victim's commitment,this paper attempts to further explore the nature of the legal agent's commitment to criminal law.This paper is divided into five parts.The first part is the introduction.It mainly elaborates the research feasibility of this paper by the background,purpose,and significance.At the same time,the literature review,key point,difficulty,and innovation are briefly introduced.Then,in the part of the background,purpose,and significance of the topic,it summarizes the contradictions that may arise in the judicial level when the legal agent takes the place of the victim's commitment.And it points out the importance and urgency of regulating the act of “alternative commitment” from the perspective of criminal law at present by combining social reality examples.In the second part,the paper analyzes the legal nature of the legal agent's alternative commitment and explains the possible form of expression in combination with practice from the perspective of legal theory.The third part carries on the system analysis on the possibility and effectiveness of the separation of the victim and the promise subject.Furthermore,the paper explores and teases out the basic legal principle of alternative commitment.In the fourth part,it analyzes the reason why the criminal law cannot regulate the legal agent to replace the commitment from the theoretical and practical point of view.In the last part,based on the principle of obligatory criminal law,it proposes the corresponding solution to the dilemma that it is difficult for criminal law to regulate and replace a promise.Using Professor Chen Zhonglin's three-common-sense theory(common sense,common reason,common humanity),its feasibility should be verified.