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作为犯罪阻却事由之一的被害人承诺,是指基于被害人对自身可支配权益的许可,允许他人对自己的上述可支配权益实施侵害的行为。很多国家均在刑事立法中明确了被害人承诺的效力,我国刑法中没有对其作出明确规定,但在司法实践中对被害人承诺问题已较为常见。对被害人承诺进行研究,对行为人定罪量刑甚至排除其行为的刑事违法性具有重要意义。
As one of the reasons for the crime, the promise of victim refers to the behavior of allowing others to infringe upon the above-mentioned disposable rights of the victim based on the permission of the victim on his own disposable rights. Many countries have clarified the validity of the victim’s promise in the criminal legislation. The criminal law of our country has not clearly stipulated it. However, the issue of the promise of victims has become more common in judicial practice. It is of great significance to study the promises of victims, to convict and measure the perpetrators and even ruled out the criminal illegitimacy of their acts.