Research On Victim’s Acceptance Of Danger

When the victim has normal cognitive ability and recognizes that his behavior has certain risks,the cases that still reach an agreement with the defendant,jointly complete the dangerous behavior and negligently lead to the realization of the danger,resulting in the damage to the legal interests of the victim are collectively referred to as "victim dangerous acceptance".In such cases,the primary issue is whether the defendant should bear criminal responsibility for the damage of legal interests and to what extent.As the first countries to explore such issues in the world,Germany and Japan have developed relatively mature relevant theories.In recent years,Chinese scholars have gradually been affected by the rise of victimology,and advocate paying attention to the cases of dangerous acceptance of victims in China’s practice.Among many legal theories,this paper believes that the victim doctrine is the most reasonable explanation for the victim to accept why to hinder the defendant’s criminal responsibility.The traditional criminal law is used to giving the victim too much protection,so as to infringe on his own right of free decision.When the victim punishes the legal interests that have the right to dispose based on his free will,That is,it has the obligation to protect its own rights and interests.When the victim is lazy in performing his obligations,the criminal law should not interfere too much.This article agrees with the narrow sense classification of simultaneous interpreting of the cases of dangerous acceptance by victims in the traditional criminal jurisprudence,and affirms that two types of dangerous accepting cases should be evaluated by different criminal laws.Starting from the perspective of the legal interest subject victim of this kind of case,make a comprehensive judgment from the victim subject,the victim’s subjective state of mind,the victim’s "acceptance" of dangerous behavior and other aspects: the victim actively causes the risk,the defendant provides help from it,and the victim realizes the risk and then causes the damage to his own legal interests belongs to "self danger",At this time,the defendant’s negligent help behavior is not illegal,so the defendant’s criminal responsibility is excluded;If the danger is caused by the defendant alone or both parties,and finally transformed into a realistic result under the control of the defendant,it belongs to "other danger based on consent".At this time,the defendant should bear lighter criminal responsibility than the general negligent crime in this kind of case.