On Commitments in Criminal Law

The commitments in criminal law mean that a victim commits others to infringing on his/her legal interests, which includes three elements of promisor, commitment behavior, and promisee, and every single aspect has certain conditional requirements. The theory of criminal law in continental law system divides commitment into two categories: the commitment of constitutive requirement elimination and the commitment of illegality elimination. Since there is no single illegality judgement in China’s crime constitution system, the commitment of illegality elimination is excluded its criminality through the fact that the behavior doesn’t conform to crime constitution. The above classification is thereby meaningless in China; it should be uniformly called the commitment of exclusion of criminal cause. In addition, some commitments can not exclude behavior criminality but can mitigate criminal responsibility, called the commitment of mitigated criminal responsibility; there are some other commitments can not be excluded criminality because of the clear deification in the law or called invalids commitments, including the invalid commitment of same crime constitution and the invalid commitment of different crime constitution.