被害人承诺相关问题探究

欺骗他人相约自杀的,不构成犯罪.在承诺表示方式上,意思方向说较为合理,不应将行为人认识到承诺的存在作为主观的正当化因素.承诺动机的好坏,不应成为考虑承诺有效与否的因素.嫖宿幼女罪的法定刑配置基本上是合理的.一方同意对方重婚的,仍构成重婚罪.组织卖淫罪因有被害人的承诺,不应与没有被害人承诺的强迫卖淫罪配置同样的法定刑,引诱、容留、介绍卖淫罪,因为存在被害人承诺的因素,现行法定刑配置过重.由于拐卖妇女罪保护的法益只是妇女的人身自由,故妇女同意自己被拐卖的,不构成犯罪.

The research of relevant questions about the promise of the victim

Deceiving others into making a suicide pact doesn't conduct crimes.In the ways of expressing promise,will theory is more rational that the actor recognizing the existence of the promise should not be taken as subjective due factors.Whether the promise motive is good or bad,it should not become the factor that concerning the promise effective or not.The statutory sentence of the crime of going whoring with young girl is basically not rational.One agreeing with the bigamy of the other,it still conduct crime of bigamy.Crime of organizing others to engage in prostitution with the promise of the victim should not have the same statutory sentence with the crime of coercing another person into prostitution without the promise of the victim.Current statutory sentence is too heavy in the crime of organizing others to engage in prostitution as it has the factor of the victim's promise.Crime of abducting and trafficking in women only protects the freedom of the women,so if the women consent to be abducted and trafficked,it doesn't conduct crime.