Research On Criminal Liability Under The Situation Of Victim’s Dangerous Acceptance

Because the victim’s risk acceptance cases mediate the victim’s own factors in the process of risk realization,there is no lack of a "one size fits all" treatment mode for the imputation of such cases in judicial practice,or attributing the responsibility to the perpetrator due to making up for the victim’s casualties,or directly attributing the responsibility to the victim due to the victim’s fault.For the victims’ dangerous acceptance cases that often attract the attention of public opinion,the "one size fits all" treatment mode is ultimately lack of persuasion,which is not conducive to the construction of judicial credibility.Therefore,it is imperative to systematically sort out the victim’s risk acceptance and build a convincing imputation model.Firstly,the first step to explore the theory of victim’s risk acceptance is to clarify the concept and connotation of victim’s risk acceptance and affirm the necessity of classification of risk acceptance.Since the issue of victim’s acceptance of danger was first studied in German practical and academic circles,and it was divided into two concepts: "participation of one’s own danger" and "other’s danger based on consent".When the Japanese criminal law academic circles introduced these two concepts,they were collectively referred to as "acceptance of danger".Therefore,many scholars have different interpretations of the concept of victim’s acceptance of danger.Through the analysis of scholars’ understanding of the concept of danger acceptance and the deconstruction of "victim" and "danger",this paper refines the concept of danger acceptance,that is,the victim’s danger acceptance refers to the victim’s voluntary decision to enter the danger when he realizes that his own or others’ behavior will bring danger to his legal interests,which eventually leads to the result of legal interest infringement.At the same time,based on the fact that different types of victim’s risk acceptance have different treatment principles,we should affirm the necessity of distinguishing the types of victim’s risk acceptance,and take the behavior domination as the standard,we can divide the risk acceptance into other behavior dominated risk acceptance and self behavior dominated risk acceptance.Secondly,after clarifying the connotation of victim’s risk acceptance,it is necessary to analyze the imputation methods used in the existing victim’s risk acceptance cases.Because the victim’s risk acceptance presents the characteristics that the victim’s own participation and contribution lead to the occurrence of harmful results,the practical and academic circles have applied the victim’s consent theory,accomplice theory and self accountability theory to solve the responsibility attribution in the victim’s risk acceptance.However,the reason why victim’s dangerous acceptance has aroused heated discussion as a new research issue is that it is different from the existing theories such as victim’s consent,joint crime and self accountability.Mechanically applying the existing theoretical principles to new problems can not really solve the problem.The imputation problem under the situation of victim’s dangerous acceptance can not apply the existing theoretical imputation principles,so it is necessary to establish a unique imputation model.Finally,after clarifying the connotation of the victim’s risk acceptance and negating the previous treatment mode,it is necessary to systematically analyze the victim’s risk acceptance and refine the unique imputation model.Although the intermediary of victim’s acceptance of danger involves the special element of victim’s participation,the domination of behavior should still be the basic element to solve the problem of imputation under victim’s acceptance of danger.The behavior of the perpetrator leads to the occurrence of harmful results.At this time,even if the victim participates in the process of realizing the harmful results at fault,it can not produce the effect of hindering the attribution of responsibility.When tracing back the dominant behavior that produces harmful results and finding that the dominant behavior belongs to the victim,it is necessary to test the imputation hindrance element of the victim’s dangerous acceptance,that is,the effectiveness of the victim’s decision.Only when the victim has a full understanding of the danger,has a free will and makes a decision of self trapping risk for the legal interests he can decide,can it produce the effect of blocking the attribution of responsibility to the perpetrator.