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On The Victim’s Sentencing Participation

Posted on:2014-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:L SunFull Text:PDF
GTID:2246330398455845Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
After a long period of research and practice visits,courts across the country sinceOctober1,2010,began the full implementation of the sentencing reform pilot“People’s Court sentencing guidance”and Middle School Ministry “views on thespecification of the sentencing process”.But regardless of the relevant sentencingtheoretical study or practice of reform, still concerned about the small people of therole and the role of the victim in this judicial reform. With the opportunity of thesentencing reform, I start from the victim’s perspective, the proposed four chapters onthe sentencing of criminal victims to participate in issues explore:The first chapter, is mainly on the " victim " and " the participation" is defined,and the combination of the theoretical and practical circles debate on the victimparticipate in sentencing the necessity problem are summarized, analysis.The secondchapter, mainly discusses the victim participate in sentencing the legitimacy, try fromthe theoretical basis, legal basis and practical basis on three aspects for the victims’participation in the system of sentencing, the establishment of tamp theoryfoundation.The third chapter,mainly in British and American law system andcontinental law system in the representative countries of foreign investigation, at thesame time from lack of system and the reasons for the loss of the angle of reflectionand experience summary, below the system design to pave the way.The fourth chapter,the core part of this article, is divided into four levels to build an effectiveparticipation of victims in the sentencing system in the country to propose ideas. Isestablished to follow the sentencing opinion "relatively independent of the generaldirection of the sentencing process in this part of the discussion, I did not completelystick to it, but from the angle of ought, try to put forward their own proposals andviews on the voluntary sentencing and mode selection. The two sentencing opinions already promulgated and implemented, but thetheoretical study of sentencing reform are just a prologue. It has established arelatively independent sentencing procedures to all the legal experts and students whostill need to study the theory, need to continue from the point of view to research andrespond to seek theoretical system and further improve the system construction.Long road,a long way to go.
Keywords/Search Tags:Victim, Sentencing participation, Standardization of sentencing reform
PDF Full Text Request
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