被害人承诺有效成立的条件

The Effective Prerequisite of the Victim’s Tenable Permission

被害人承诺以正当化根据为理论基础,以成立条件为核心要素。被害人承诺有效成立的条件,涉及刑事责任的大小和有无。因此,只有严格区分和限定被害人承诺成立的有效范围和条件,才能更好地指导司法实践。

The victim＇s permission is an important theoretical problem, which is theoretically based on reasonable foundation. And the effective prerequisites of a tenable permission are considered as the core facts. But there are still lots of problems in setting a limit to the prerequisite. Precisely setting a limit to the prerequisite of tenable permission is strongly related to correctly judging the criminal responsibility.