Dissertation > Political, legal > Legal > UNIVERSITY > Criminal law

Victim’s Consent

Author LiXiao
Tutor LiYongSheng
School Southwest University of Political Science
Course Criminal Law
Keywords Commitment of the Victim Proper Foundation Establishment of Elements Constructive commitment Legislation
CLC D914
Type Master's thesis
Year 2011
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From proverbs \The victim commitment as a legitimate ground contains important value of the Criminal Code, to maximize play an important role in the maintenance of the premise of the criminal law and justice, the discretion of. Victims commitment as a legitimate ground has been our most scholars agree, but theorists study of this problem are still rather weak, and the Criminal Law does not expressly provide, resulting in the commitment case grasp not the victim in the judicial practice accurate, it has further explore the theory and practice in its value. Therefore, this article attempts to arouse victims commitment system theory and legislators more attention, and advocated as the solution to the problem of theoretical study and practice of criminal justice victims commitment victims commitment legislation. The first part: a brief victims commitment. First of all, due to the more mature Western countries victims commitment system theory, therefore Introduction to Western countries this problem, secondly, to study commitments under the different legal systems, the legal effect of the victim, and focus combined with China's criminal law theory and system pointed out that the legal effect of our criminal justice system. Part II: victims according to justify commitment. Different opinions about this issue academia, the formation of a variety of doctrine. In this paper, the pros and cons of the various doctrines, put forward the interests of the measure said. Interests to circumvent the measure said that the lack of other doctrines, and reasonable part be absorbed. The content and the interests of the measure, to conduct a comprehensive analysis of the subject and method, and deepen the interests of the measure theory. Part III: mainly discusses commitment to the establishment of the conditions of the victim. Mainly divided into two parts of the victims commitment to the establishment of the basic elements and restrictive elements. The former mainly includes the main limitations committed by the victim, said the victims commitment subjective awareness and commitment elements and time elements. The restrictive elements mainly contains two restrictions, horizontal restrictions that limit the scope of legal interests and the commitment to the rights and interests of victims must be the legal interests of the individual right to dispose of, and second, vertical restraints against the degree of restriction violations should have social considerable resistance. Part IV: commitment based on the presumed victim behavior. Including justification for the establishment of elements. Legal interests in many justify based on the basis of the doctrine of the measure said the combined Social. Due to the special nature of its commitment, which differ in the establishment of conditions, in general, contains the following items: deal with the urgency of the matter, help the victims of the purpose of sexual possibility and acts committed by the victim social constructive commitment sex. Part V: Victim commitments related issues. This part is divided into two aspects: one is for the current theory related to hot issues of commitment with the victim. Abetting and help suicidal behavior, medical practices, euthanasia and organ transplantation, and other social hot issues encountered in the theory and judicial practice problems and confusion. The other is thinking for my victims commitment legislation. First of victims commitment legislation positive significance. Second recommend legislation of the commitment of our victims. I believe that victims should be committed to be clearly defined in China's criminal legislation.

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