A Study On The Participation Of Victims In Sentencing

Traditional criminal justice has been to protect the interests of the defendant as the center of criminal justice, and ignored the interests of protection of the victims. With the victims’rights movement began, countries have begun to strengthen the protection of the interests of victims, especially in the field of criminal litigation, to strengthen the protection of the rights of victims, and judicial developments in the field of contemporary world trends the same plot for the same crime, the current penalty system in our country provides for different criminal species and sentencing range, the sentencing recommendation of the victim in the criminal corresponding to the types of penalties and amplitude range, are the state and society can tolerate, both national and social interests can be protected. It is based on this, the participation of victims in sentencing provides space for the special feelings of the victims of crime, and the possibility for national recourse and the separation of the private right to prosecute. Effective solution to the value of the target countries, the defendant and the victim three long-standing conflict, the results of conflict of interest, protecting the rights of the balance of conflict and litigation efficiency to provide a convenient channel. Victim participation in sentencing is quite necessary to establish the status of victims, to protect the rights of the victims, to promote public confidence in justice and to create a harmonious society, and its implementation can be achieved through the sentencing proposal mechanism, sentencing respondent mechanism, sentencing reasoning mechanism and right to relief mechanism.