中国石油大学学报（社会科学版）Issue(3)：39-43,5.
一论刑法中的推定承诺
On Deduced Consent in Criminal Law
涂欣筠1
作者信息
- 1. 中国政法大学 刑事司法学院，北京 100088
- 折叠
摘要
Abstract
Deduced consent as a cause of justification in criminal law,has been widely accepted by criminal law theory and practice in various countries. But because it is similar to victim's consent and the act of rescue,scholars have different opinions on the character, the legitimate ground,and the establishment condition of it. Deduced consent is an independent cause of justification which extends from victim's consent. The legitimate ground of deduced consent is the protection of victim's legal interests,and it should meet the strict conditions,including the same conditions with victim's consent and some special conditions. Victim entitled to consent,able to consent,objective impossible but subjective possible to consent. Actor convinces the consent and acts out of proper purpose.关键词
推定/被害人承诺/推定承诺/正当化依据Key words
deduce/victim's consent/deduced consent/legitimate ground分类
社会科学引用本文复制引用
涂欣筠..一论刑法中的推定承诺[J].中国石油大学学报（社会科学版）,2014,(3):39-43,5.
