Victim Participation In Sentencing,

From Oct 1st, 2010,the people's courts throughout the country began the full implementation of the sentencing standardization reform, with two trial documents, the people's court sentencing instruction opinion (try out) "and" two senior department "the sentencing program on regulating some issues of opinion (try out)" to be put on effect. This reform, according to the Supreme Judicial Court, is to promote judicial justice and honesty, and the credibility and authority of courts in china by regulating judicial act and making uniform law applicable standards.However, despite the effort spent on both the sentencing reform theory and Sentencing program practice, people usually still pay more attention to the position and role of the procuratorial organ and the defendant, rather than that of the victim. Victim's right toparticipate in sentencing, as essential program participation, is of great importance in enhancing the proceeding status of the victim. The author will in this paper,using the opportunity of standardizing sentence reform, discuss this issue in the following three aspects.The first part focuses on two terms, the victim and the measurement of penalty. It will explain the term of victim the difference of criminology sense of the victim, the victim to learn in the sense of the victim and criminal procedural law in the sense of the victim's difference, And it exhibits the necessity of the participation of victim in measurement of penalty.The second part focuses the victim to participate in doing this sentencing conducted the investigation of foreignfiction. The countries of Anglo-American law system, the victim in litigation often act as a witness's role, but has a series of rights and to fully participate in sentencing process. In civil law countries, although some countries are endowed with his client position, but overall speaking, victims in criminal lawsuit of participation is not high. For two main legal systems involved in the practice of the victim sentencing after comparison, for our country the victim of participation in sentencing from legislation, judicial practice two aspects are introduced, and it is hard to attend sentencing analysis of the causes.The third part analyzes the practicability of the participation of victim in measurement of penalty. On the one hand, it embodies the concept of right, human rights, and the procedural justice; on the other, it has its regulation and practice basis.In the forth part, the author expresses her own point of view on how to participate in measurement of penalty and how to guarantee the participation of victim in it and also makes some suggestion from the perspective of judicial content, system and procedure. The author suggests that the process of penalty measurement be protected by law suit in which the victims could participate, and offender mediation be applied in some case of less importance so that the victim and the defendant could become reconciled. She also suggests that the victim whose rights have been infringed receive legal aids when participating measurement of penalty.