论刑法中被害人承诺的法律效果

On the Legal Effect of Victim's Promise in Criminal LawABSTRACTThe system of victim's promise has existed for a long time in criminal law.Behindthis system is the measurement of the operation of national penalty power and theexercise of individual's independent decision power.Although the theory of victim'scommitment has a long development track,the research and application of it is notin-depth.Starting from the history of the victim's commitment theory,this paper exploresthe development of the victim's commitment theory,analyzes the constitutiverequirements and application scope of the commitment,and then discusses the possiblelegal consequences of the victim's commitment under different circumstances.Thepromise of property right is effective,which will lead to the legal effect of preventing theviolation of law;The injury behavior should be analyzed according to the degree of injury.It is of great theoretical and practical significance for the improvement of the criminal lawsystem in China to accurately define the conditions for the establishment of the victim'scommitment,define the scope and meaning of the "victim"and "commitment",study thevictim's commitment as a matter of illegal obstruction,and explore its legalconsequences.Keywords:Victim's promise;Legitimation;Legal effect