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一、问题所在刑法是公法,天然地具有家长主义形象。~([1])即便如此,刑法也有尊重个人意思自治的侧面。古罗马法上“得同意者不违法”的格言,在刑法教义学中,即表现为广为人们所接受的作为超法规违法阻却事由的被害人承诺。同意出罪的原理在于对被害人自我决定权的尊重。对此,我国学界几乎没有任何争议。而同样与尊重被害人自我决定权紧密相关的危险接受,并未成为理论界的宠儿。刑法中的危险接受,是指被害人认识到自己的法益可能有被侵害的危险,却甘愿实施
First, the problem where the criminal law is public law, a natural image of paternalism. ~ ([1]) Even so, the criminal law also respects the autonomy of individual autonomy. In Roman law, the maxim that “people who agree” does not violate the law, in the doctrine of criminal law, is manifested in the widely accepted promise of victims as a cause of unlawful obstruction by laws and regulations. The principle of agreeing to excuse lies in the respect of the victim’s right of self-determination. In this regard, there is almost no controversy in our academic community. The same dangerous acceptance that is closely related to respecting the victim’s self-determination has not become the darling of theorists. Dangerous acceptance in criminal law means that the victim recognizes that his legal interests may be infringed upon and is willing to implement it