Study On Victim’s Self-entrapment Risk In Negligent Crime

In terms of negligence,the victims have risks in knowing that they have implemented or participating in the behavior of their behaviors,they still voluntarily participate in entering or implementing the behavior,will lead to the victims due to personal behavior,and participate in the actors based on subjective wishes based on subjective will Within the risk of self-controlling,and because of participating thereof,the victim truly participated in the causal process that caused the legal violations,and demand the theory of the facts of the relevant facts based on the fact that the theory of issues,social quite Theoretical,etc.In terms of form,the victim agreed with its subjective wishes,but both had essential differences,it is not appropriate to put it in the extension line of the consent of the consent;the secondary social consideration theory is too large.Connotation is too broad,there is no specific standard,and it is impossible to use the rule of self-risk.The theory of the facts of the relevant facts itself is unclear.Because my country’s community has led to the lack of a total of branches,it is used as Excluding the illegibility of actors in the risk of the victims.Finally,the self-determination is based on self-assessment theory as the basis for exclusion.This paper mainly discusses the risk of victims in the loster from five perspectives.The first part,uses typical cases to lead to the problem of victim self-trapping risk in negligent crime in judicial practice.By summarizing and comparing cases,it is concluded that there are great differences in the judgment results and rationale of similar cases in judicial practice,so as to lead to the discussion below.Secondly,the application of context scope is discussed,and the victim’s self-entrapment risk is finally discussed in the field of negligence.The second part explains the basis of victims of victims in the fault,clarifies the subject of the risk of self-risk as the victim,then compare the "risk" and social risks in the risk of the risk,it is limited to the victim.And based on subjective wishes,it is willing to participate or enter by it,and the victims will make people’s own risk to protect the rights of the legal person’s own rights after realization.It is necessary to know that due to the loss of the victim,it is necessary to meet the four elements to be established.The third part expounds the standards and analysis of the types of victim self-introduction risks,starting from the three dimensions of consensual and non-consensual,before and after the behavior time,and the degree of factual dominance,and then based on the premise of negligent release to analyze the victim’s self-introduction risk.And it is divided into three types,which are the participation of self-risking,the risking of common criminality,and the risking of others based on consensual;The fourth part focuses on the theories related to the victim’s self-introduction risk,and explains how to realize the illegal exclusion of the perpetrator based on the legal level.First of all,discuss whether the victim promises or whether the victim has a negative attitude in the face of illegal results after these risks.Therefore,using the thinking of the victim’s promise to deal with the risk of self-inflicted risk will lead to the perpetrator’s use of the meaning of legal points to exempt from criminal punishment.In the case where the legal interests of life are violated,the conclusions drawn are unreasonable;secondly,I will expound and analyze the representative theory of Germany and Japan,and put forward my own opinions after analyzing and comparing with the mainstream theories in my country’s academic circles;The self-responsibility theory with the right as the core to deal with the negligent offender,whether the victim can eliminate the perpetrator’s wrongful behavior due to various reasons,the theory is based on personal awareness and decision-making power,by exploring the victim’s self-response If there may be problems when taking responsibility,think about the applicable conditions,advocate and apply them to practical cases to test;The fifth part discusses the localization path of the victim’s self-introduction risk,and introduces the positioning of the victim’s self-introduction risk in the composition of the crime.Germany mainly needs to meet the relevant requirements and then decide whether to exclude it according to the situation,while Japan believes that it is necessary to enter the crime.Exclusions are made after the illegal stage,with reference to the four major elements of crime and the actual situation of judicial practice in my country.This paper argues that based on the monism of victim consent,on the premise that the victim’s personal will is not controlled and can control his own legal interests,his personal behavior and the consequences caused by his behavior must be self-responsible.In this case,from the perspective of the perpetrator,firstly,there is no act of infringing upon his legal interests,and secondly,there is no result of infringing his law.In this way,the elements of behavior that constitute a crime can be excluded,and the situation that the victim’s own legal interests cannot be guaranteed cannot constitute a crime,that is,this article tends to use this method to illegally exclude.