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被害人承诺指的是权利人对行为人损害其合法权益的行为表示同意,这一理论虽然并没有被明确规定于我国刑法之中,但在理论界与实务界早已作为一项超法规的正当事由而存在。当被害人处分自己权益超出了其私益范围时,刑法就会介入。所以,被害人承诺的认定问题显得尤为重要。同时,对特殊刑事案件中的被害人承诺问题的研究有助于刑事立法和司法的完善。
The promise of the victim means that the obligee agrees to the perpetrator’s damage to his lawful rights and interests. Although this theory has not been explicitly stipulated in the criminal law of our country, it has long been used as a legitimate cause of supercompliance in both theoretical and practical circles And there. Criminal law intervenes when victims dispose of their rights beyond the limits of their private interests. Therefore, the victim’s commitment to the issue seems particularly important. At the same time, the research on the victim commitment in special criminal cases contributes to the improvement of criminal legislation and judicature.