The Research On Victim’s Commitment

Although the victim’s promise can be regarded as the justification of the crime beyond regulations,it has been unanimously recognized,there are still many problems and disputes in the theory of criminal law and judicial practice.The main problems are as follows: First,what is the justification basis of the victim’s promise? That is,why can the victim promise play a role in preventing crime? Second,how does the victim promise position in the crime constitution system? What are the requirements for an effective victim commitment? Fourth,the analysis of the criminal law effect of the victim’s commitment focuses on how to identify the effectiveness of the commitment when there are defects?The legitimacy of the victim’s promise is based on the result of the measurement of legal benefits.The reason lies in that personal legal interests only serve the foundation of personality development.Generally,infringement of legal interests is the infringement of the right of free disposal.However,when there is the victim’s commitment,the infringement of personal legal interests is exactly the protection and realization of the right of personal freedom.The victim’s promise can be used as a cause to prevent the violation of law in the three-class criminal constitution system,but it should be excluded from the acts that obviously take the violation of the victim’s will as the constitutive elements,the committed homicide and the serious injury to health.The reason lies in:according to the theory of legal interest measurement,although the violation behavior of the promised actor actually leads to the damage result of personal legal interests,because the victim’s promise is to realize the higher right of free disposition and complete the development of personality freedom,the victim’s promise,as a cause of crime,is held to be illegal.According to the behavior without value theory,the behavior promised by the victim lacks subjective malignancy,so it does not have illegality.The reason for excluding the application of victim’s promise as a cause of obstructing the illegality is to follow the principle of legality.In addition,in the face of the irrational punishment of the promised person for life and major physical health interests,the strict requirements for the actor must be rational.The effective victim’s commitment has certain requirements in the subject condition and the content and form of the commitment,mainly including: the subject of the commitment must have the ability to commit,subjectively must be voluntary and true,and objectively the commitment must be real.The scope of the personal legal interests of the undertaking shall be limited,and the serious infringement of the legal interests of the body and life shall be prohibited.The object of commitment is not only the behavior but also the result.Generally,it only refers to the inevitable result of the specific behavior.The promise must be expressed in some form and clearly known to the actor.A promise must be made before and at the latest when the act is performed.Commitment should also be socially relevant.According to whether the commitment excludes the criminal nature of the act,the criminal effect of the commitment can be classified into positive criminal effect,negative criminal effect and other criminal effect.The effect of criminal law on the existence of defects of commitment focuses on the identification of the validity of the commitment,which should be based on the requirement of the validity condition of the victim’s commitment,and based on the realization of the "freedom of will" of the legal benefit disposition of the subject of the commitment,and be identified from the two aspects of the error of legal benefit relationship and the error of motive.Finally,the specific analysis of the specific problems,in the case of the defective commitment can be excluded from the criminal law of a certain effect.