Research on the Validity Issues of Victim Consent in the Context of Decriminalization
The recognition of victim consent as a ground for exemption from criminal responsibility has been widely accepted by the academic community.However,there are still some controversies regarding its validity.The theory of interest balancing effectively coordinates the relationship between citizens'right to self-determination and the paternalism of criminal law.Based on the theory of interest balancing and combined with the types of effects in criminal law,the validity of victim consent can be categorized into three types:valid,effective,and invalid.By drawing on the four elements of the crime constitution requirements in our country's criminal law,this study further clarifies the specific contents of the conditions for establishing valid,effective,and invalid victim consent,forming a logically rigorous system for the validity of victim consent,thereby achieving a balance between incrimination and exculpation.
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