Argumentation Protection Of Victims In The Plea Bargaining Rights

Originating in America, Plea bargaining shows a new way to solve and deal with the problems of criminal prosecution. Under the situation that the present criminal prosecution does not protect the victim's rights thoroughly, plea bargaining does even less to the protection of the victim's rights. It not only disregards the plea bargaining rights of the victim, but could not thoroughly protect the prosecution rights of the victim.In Plea bargaining, the procuratorate and the court work as the subject of the authority, while the accused and the victim as the subject of the rights. It is necessary for the two parties to supervise and restrict mutually. However, in the traditional plea bargaining, as the subject, the prosecuting party and the accused often regard the interests of the victim as the bargaining chip. Also, the accused and the judge could not always stand for the interests of the victim. Thus, disregard for the victim joining in the plea bargaining is doing harm to the justice of the entity. Even worse, it seems that the accused gives the interests of the victim, and then gets that of the country in return, thus making the rights protection of the victim in an incomplete state. This could not realize the justice of the program and the entity. Meanwhile, it also makes the victim refuse to accept and recognize the reliefs given by the government, thus he continuously has a "victimizing" feeling. No matter how powerful and comprehensive the country protection and prosecution are, the victim still has the sensitive and direct feeling towards the suits. The way to let the victim join thoroughly in the prosecution and plea bargaining is more beneficial for them to seize and measure their own interests, and for them to make a balance between their feelings and emotions. Meanwhile, it gives an invisible pressure to the accused, making them more sincere for the plea bargaining.Therefore, the author wants to explore ways to better protect the rights of the victim from the aspect of traditional plea bargaining, helping the victim find better solutions of rights protection in the background of the plea bargaining. In this way, it finally helps realize the aim of the criminal law suits.