The Victim's Self-Responsibility in Chinese Criminal Law
The ideological origin of the victim's self-responsibility in ancient China lies in the requirement of"eve-ryone loves himself"put forward by the feudal patriarchal political and cultural tradition,so it is not an im-ported product.At present,the legal basis of the victim's self-responsibility lies in individual self-determina-tion,which transforms the perpetrator and the victim from an aggression relationship to a cooperative relation-ship in terms of normative evaluation.The victim determined risk-taking by himself,the resulting damage therefore does not belong to the category of crime in terms of criminal law tasks,basic principles of criminal law,and legal interests.The application of the victim's self-responsibility in China's criminal law is reflected in the areas of"quasi abettor"and"quasi aider",omission offense,and aggravated consequential offense.It conducts a reverse exclusion test on the elements of the offense.
Victim's Self-responsibilityAssumption of Risk"Quasi Abettor"and"Quasi Aider"Omission OffenseAggravated Consequential Offense
NETL
NSTL
万方数据
维普
