摘要
被害人是刑事案件的受害人,其对于自身遭受的损害结果大都持反对态度,但不排除在有的案件中损害结果是被害人所积极追求的,这就涉及到对于被害人承诺的损害结果是否可以阻却行为违法性的问题。对此,国内外学者争议颇大。但既然是权利,则权利人有积极行使、消极行使,甚至放弃的自由,因此被害人承诺应当阻却违法性。
The victim is the injured party in criminal cases. Generally, they oppose to the damage re- suits they suffered. However, We cannot exclude that in some cases, the victim holds a positive atti- tude toward the damage, which relates to a question that whether the act leading to a damage result is still an unlawful one with the victims＇ commitment. In this regard, the domestic and foreign scholars debate a lot. As a kind of right, the obligees can opt to exercise it or not. They can even give up their right freely. So the act with the victims＇ commitment should obstruct its illegality.
关键词
刑事案件
被害人承诺
正当化
违法性
criminal case
victims＇ commitment
justification
illegality
