The Victim of a number of issues
|Keywords||victim’s commitment justified act in criminal law impediment of illegality comparison of legal interests|
In the system of criminal law theory, victim’s commitment is a special problem. However, due to many reasons, Chinese criminal law does not provide for this issue, and criminal law scholars have fewer concerns about this problem .So, some of the problems in judicial practice are not solved in a reasonable manner. Because of this cause, I promise to choose victim’s commitment for the study, hoping to promote theoretical importance of the issue, and then serve the criminal justice practice in China.In addition to the introduction of this article, the conclusion is divided into four parts outside:In the first part, mainly on the basic theory of victim’s commitment. The author focuses on the historical evolution of victim’s commitment. And then, the author analyzes the world of legislation on the victim’s commitment, and pointed out the similarities and differences between them.In this second part focuses on the victim’s commitment effects of the criminal code in accordance with the justified. After analysis of justified act and act of preventing constitutive elements, authors believe that justified act should be the object of study in China’s criminal law. And authors believe that comparison of legalinterests is foundation of justifiability of victim’s commitment.In this third part focuses on victim’s commitment to the establishment of conditions. There is a restriction in every country about the motto" Acts have been committed not against the law". In accordance with the actual situation in China, author think that there are seven conditions for the act of victim’s commitment.In the fourth part describes the application of the victim’s commitment. Mainly in the following questions: (1) euthanasia;(2) the harmful actions of medical treatment;(3) acts in vivo organ transplant;(4) sports injury;(5) issues related to sex crimes.