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Victim research questions

Author: GaoYing
Tutor: ZengYueXing
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: The victim commitments Reduce criminal responsibility Crime objective aspect Legislative Suggestions
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 177
Quote: 0
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Abstract

The victim commitment, also called the victim to agree, as early as in ancient Roman law "the act of acceptance is not illegal" that was the judicial do not rebel against a basic principle. While the giallorossi jurist ulpian the Ann’s name in the victim’s will is "happened thing, is not unlawful" is by numerous scholars citations. The victim commitment is a fairly can reflect punishment law position problem, it reflects the citizen public rights to privacy and national boundaries, stand on a different ground view the victim promises, with from sin, into sin and sentencing is of significance. Japanese criminal law in the victim commitment problem though not specifically into legislation, but also because of this, many Japanese scholars to this problem studied and discussed. The provisions of the criminal law sections from Japan, the victim to see an act of acceptance usually will produce different kinds of criminal law meaning, have can resistance but crime formed; There can be used as a criminal responsibility of derate factors; Have to criminal responsibility is unaffected. Studying and learning from such multiple legislative effect of criminal law than study other criminal law, certainly will give us more rich and objective inspired. The article is divided into four parts, the first part is the introduction, including research purpose and meaning and literature review. The second part is mainly introduced in Japan and the theory of about general discussion of the victim commitment. Among them about nanjin, introduces Japanese scholars about the victim commitment is the basis of the different views but resistance, And the victim commitment of nature and resistance is analyzed the principle, of which no value and results without behavior of resistance is the influence of axiology, At the same time also introduces the Japanese criminal victim commitment of different effect; And also put forward the Japanese scholars think the victim commitment should have established condition. Points concerning part then inspected the different types of crime victims commitment, and analyzed about the victim commitment of Japanese precedents views and position. The third part is the victim of commitment on our domestic existing situation, compare the differences that sino-japanese and about Japanese criminal law for our enlightenment introduction. The fourth part for the conclusion, summarizes the victim commitment problem science development direction. Which analyzes the "promise" and "agree" concept using situation, and investigated the victim promise in our country the status crime problems, but also put forward by lack of "benefit should view of the victim of commitment. This paper propose legislation definite promise the meaning of the victim, in order to appear the victim of circumstances commitment as the ease of criminal responsibility factors. Finally, according to the above analysis, solve our practice euthanasia and help suicidal behavior processing direction, and discussed our special private prosecution of the victim commitment problem.

Victim research questions

Abstract

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