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The Theory Of The Victim In The Sentencing Procedure

Posted on:2013-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:W W XiaoFull Text:PDF
GTID:2246330377459478Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In October2010, the Supreme People’s Court reformed sentencingstandardization in the nation,<<The People’s Court sentencingguidelines (trial)>> and <<The People’s Court sentencing procedureguidelines (trial)>> regulated the victim have right to put forwardsentencing opinions and proposed the procedure of sentencing opinions.As the directly victim in criminal case, the status of the victim oflitigants is very unique: First, in a case of public prosecution, thevictim not have independent litigants status to participate inlitigation, especially in sentencing procedure, the parties status ofvictims is more weakening; Second, the main purpose of the Criminal Lawis to protect the state and public interests, Criminal litigation notonly for the victim’s interests, so it is difficult to achieve thevictim’s personal justice. The two causes make the victim difficult toparticipate in the process of sentencing. The article mainly from theparticularity of the victim in the criminal trial procedure, for example,trial status, trial right, court proceedings and so on, it is to findthe root of the victim in sentencing procedure, and proposes solutionmeasures. Specifically, this thesis is divided into six parts:The first part is the introduction. Mainly introduces the researchof the relevant background material, including the reason and meaningof select this topic, research status and existing problems.The second part is a summary of the victim in sentencing procedure.The paper mainly introduces the related theory of the sentencingprocedure and the victim in sentencing procedure. Including the conceptand characteristics of sentencing procedure, classification andfunction of sentencing procedure, the definition of the victim in sentencing procedure, the characteristics and the function of the victimin sentencing procedure.The third part is the legal theory of the victim in sentencingprocedure. Analysis the litigation subject position of the victim aboveall, then analysis the procedural justice, human rights protection,social harmony as the foundation value of the victim in sentencingprocedure, the foundation value of the victim in sentencing procedureand to perfect our country’s victim in sentencing procedure.The fourth part is the comparative study of the two mode of victimin the sentencing procedure. The part mainly in base on introduces theindependent mode of sentencing procedure, the mixed mode of sentencingprocedure, then make a comparison of the two major sentencing mode ofsentencing procedure.The fifth part is about the victims in sentencing procedure in ourcountry. Because the trial status of victim is special, first the articlediscuss the two aspects of the victim in sentencing procedure; then fromthe legislation, lawsuit idea, the victim itself and the judicialpractice analysis the causes of the victim deficiency in sentencingprocedure.The six part is the construction of the victim in sentencingprocedure in our country. This section on the basis of the fifth part,preliminary discuss how to construct the victim in the sentencingprocedure, mainly from the protection of victim to advice and thesentencing distribute of cases, and to construct the system of the victimof sentencing procedure in our country.
Keywords/Search Tags:The victim in sentencing procedure, Sentencing procedure, litigants, Sentencing right to make recommendations
PDF Full Text Request
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