| The victim’s commitment is the behavior that the obligee makes a commitment to others’ infringement of the legal interests that he can control.Although few countries legitimize the victim’s commitment in the form of explicit provisions,it has been widely recognized as a cause of crime by the criminal law circles at home and abroad.The criminal law theorists in various countries generally believe that the rights and interests,including property and freedom,belong to the scope of the actor’s right to make commitments.However,whether the right to health can be effectively committed remains controversial in the theoretical community.In Tao’s intentional injury case and Zeng’s and Huang’s insurance fraud and intentional injury cases,it also shows that the current legal system in China cannot properly solve this problem.Therefore,in order to solve this problem,we should clarify the establishment conditions and legal effects of the victim’s commitment in intentional injury cases,differentiate and analyze the theoretical disputes on the victim’s commitment in intentional injury cases,and focus on comparing and exploring the existing "theoretical achievements",combined with the relevant provisions of the criminal law of our country on the crime of intentional injury,this paper demonstrates the restrictive conditions for the decriminalization of injury committed. |