The Empirical Study On The Participation Of Victims In Sentencing

Traditional criminal justice the accused's rights have been protected as a center of criminal justice, ignoring the interests of protection of victims. With the protection of the victims movement, countries have begun to strengthen protection of the rights of victims, especially in the areas of criminal procedure, strengthening the protection of the rights of victims, justice has been the field of contemporary world trends.In China, although the newly revised Criminal Procedure defines the main victims of the status of the parties to litigation, but in judicial practice, the victim did not really enjoy the procedural rights of the parties, particularly in the sentencing of the defendant can not participate in sentencing, so protection of the law became the legal rights of victims of the furnishings, nominal. Sentencing reform is undoubtedly the Supreme Court in sentencing the victims to provide the legal basis and policy direction.In addition to this introduction and epilogue, a total of five parts, the main contents include:The first part is the victim in sentencing review, this part discusses the participation of victims in sentencing, the victim in sentencing the theoretical basis and practical significance. First, victims and victims involved in sentencing is explained; Secondly, the theoretical support of the victims involved in sentencing are discussed; Finally, to give victims the right to participate in the practical significance sentencing elaborate.The second part is empirical research part, to the south city's criminal trial as the research object, through which the data on the victims Canyuliangxing analyzed on the basis of the data analysis, led to the reality of sentencing of the victim causes Shenyu discussed.The third part is the construction of victim participation in sentencing and improve the parts. In this section, from the sentencing process, procedural rights of victims, victim assistance and victim participation in sentencing the sentencing of the four aspects of risk aversion are discussed. First, in the sentencing procedure, proposed the establishment of an independent sentencing procedures, and design appropriate procedures, and secondly, from the protection of the victims the right to know, improve the legal representation of victims and strengthen the system of legal assistance to victims, to enhance victim participation in the sentencing; again, the relief on the basis of the victim in sentencing, which were demonstrated on the right of appeal; Finally, victim participation in sentencing on the existence of "losing money commutation," the analysis of the phenomenon, and how to avoid the participation of victims exist in sentencing risks were demonstrated.