本案的核心问题是被害人关于生命法益的承诺是否有效,而更核心的问题是个人对于生命法益有无处分权限。本文认为应当对生命法益的处分做出区分:直接处分的自杀行为和非直接处分的生命冒险行为。前者个人无处分权限,而后者则应承认个人的处分权。这样才能使被害人承诺的效果符合社会秩序的需要和一般人的正义观念。 The core issue of the case is whether the victim’s promise of the law of life is valid or not, and the more central issue is whether an individual has the right to dispose of the law of life. This paper argues that we should make a distinction between the punishment of the legal interests of life, the suicide behaviors which are directly punished and the life risk behaviors which are not directly punished. The former individuals do not have the right to dispose of, while the latter should recognize the individual’s right to dispose of. Only in this way can the effect promised by the victim conform to the needs of social order and the concept of justice of the average person.