被害人承诺刍议

On the Consent of the Victim

被害人承诺作为正当化行为理论中的问题之一,在各国刑法中都得到普遍认同。但是,我国刑法理论界在这方面的研究尚不充分。本文试从宏观角度对被害人承诺问题加以阐述,从而探求该问题的发展演变。

Consent of the Victim, as one of the theories of justificative action, is accepted generally by some countries in their criminal law. But studying about this theory is not comprehensive in our country. This article is tentative in studying the consent of the victim from the macro-perspective, so as to probe into the development of this issue.