The Research About Perfecting The Victim Participating In Death Trial Procedure

Quality of Death trial is very important to the defendant, the victim and countries. The traditional criminal litigation theory pays more attention to protecting defendants' participation in death trial , actually the victim fully involvement could guarantee the quality of death penalty cases , and maintain judicial authority . But the current the victim's definition and legal status are based on common trial program codes of the Angle, this paper especially selected the victim and death trial procedure double perspective, in criminal prosecution, the victim, based on the theory of related to differentiate between death trial procedure of murdered square and puts forward consummating the necessity and murdered party participate in related perfect measures.Firstly according to the own particularity of the death penalty judgment and protect the victims of Angle of the meaning and murdered party shall be defined legal status, and points out that the death penalty cases killed square are different from common case victim scope of subject. Subsequently, pointed out that our country current killed party involved in insufficiency of death penalty judgment process, including cannot effectively participate in sentencing, information and to obtain legal aid right is not clear, lack of regulation psychological assistance, no independent appeal. And introduces still retains the death penalty in the United States, Japan criminal prosecution, the victim, participate in the death penalty judgment sentencing and experience and practice, through comparing looking for our future development direction.Secondly, Respectively from the social constructivism psychology, theory of restorative justice and litigation structure are discussed from three aspects: the rationalization of perfect death penalty judgment process killed party involved in the theoretical basis. Perfecting vicitim participation in death trial procedurere is a construction process which should revenge the vicitim emotions and release his crime prevention psychological , is the implementation of restorative justice idea of procedure guarantee, is to promote criminal litigation structure from binary ternary transformation to the necessary condition. Solid theoretical foundation and our country current vicitim participation in the death penalty which is insufficient highlights the necessity perfecting vicitim involved in death trial . At last Emphatically from the perfecting the vicitim participating in death penalty, obtain legal support, the vicitim inform right, psychological help and give their appeal five aspects, strive to reach two purpose: firstly ensure the vicitim participating in judgment fully and effectively, sencodly won't break the balanced boundaries of accused and the defendant litigation .