The Discussion For The Plea Bargaining And The Protection Of Victims' Right

The plea bargaining system is in United States by origin, which incarnates how to solve the penal litigations with the manner of dissension settlement However, based on the legislation regulations of American plea bargaining system, the judicature fulfillment, corresponding systems, and the opinions of the proponents and the opponents, prosecuting attorneys and defendants are the principal part of the bargain, and the victims whose own benefits were aggrieved are not in the role of disputing party in the bargain. Though they are concerned with the substance compensation, their litigation rights in every single phase of the bargain have no any protection.Analyzing theoretically, the victims should be provided with the role and the right as a disputing party in plea bargaining. Firstly, based on the theory of dignity value, victims ought not to become one of crime inquiry means, and he requests the right to be an independent unit in the litigation; secondly, based on the retributive conception, the retributive mentality of victims is one kind of external realities, and it should be abreacted in a reasonable way; at last, based on the theory of penal salvation, the protection of victims' rights ought to strengthen the function of judges in plea bargaining with the way of separating the rights, in order to restrict the prosecuting attorneys' free judgment right Synthetizing the three theories above, the thesis indicates four aspects of the rights that victims deserve: the participating right, the right of obtaining remedy and prevention, the right of acquiring repayment andcompensation, and the indemnificatory right.According to the situation that the judicatory resources in our country are limited and all kinds of penal cases are increasing swiftly, many scholars present introducing the plea bargaining system. However, based on the traditional justice viewpoint in our country, the nation monopolization tradition for the penal litigation, immature systems of law assistance, and the absence of nation compensation systems for the victims suffered by the penal crimes, there are many obstacles for introducing the plea bargaining system to protect the victims' rights. So the introduction should coincide with the innovation of our country's situation.Though the first plea bargaining case in our country, the Case of Meng Guanghu, the thesis presents the idea of making victims participate in the plea bargaining as disputing party, altering the agreement from two parties' into three parties', and constructing the Chinese plea bargaining system, penal intercession system, based on the intercession systems.In conclusion, based on the analysis above, the thesis presents the following ideas of constructing the primary system: the plea bargaining only will be applied in the misdemeanor cases, victims have the right of suggesting to start the plea bargaining, the content of the bargain is restricted in the aspects of penalties, the role and the right of victims in every single phase of the plea bargaining, the design of the plea bargaining's mode, the indemnificatory solutions for the defendants fulfilling the compensation, etc.