A Research On Victim’s Right To Participate In Sentencing

The victim’s right to participate in sentencing is one kind of procedural rights, with this right the victims can fully express their opinion of the defendant in sentencing,their broken heart can be solaced, this can help the victims out of the pain as soon as possible, return to their normal life. At the same time, by sentencing participation of victims, procuratorial organs and the court can have more comprehensive real sentencing information. It’s in favor of procuratorial organs to form a more rational sentencing recommendations and the court to make a prudent discretion. Simultaneously, through the victim’s feedback of Sentencing comments, it’s in favor of the defendant actively asking for victim’s forgiveness and giving them their compensation for loss, the defendant also have the opportunity to get a lighter punishment.For a long time, as the direct victims of crime, the right of victim mainly attached to the right of the prosecution’s, they’re lack of opportunity to independently expression their opinion. With the rise of the international community to protect the rights of victims, the protection of the rights of the victims has been more emphasis by the legal profession. As one of the important procedural rights, the victim’s right to participate in sentencing should become a priority rights. In theory, Sentencing victims the right to participate fully embodies the concept of protection of human rights, justice philosophy, the concept of the program to participate, restorative justice concepts and ideas of Quartet litigation, meets the requirements of the development of modern criminal justice and has some theoretical and practical significance. Therefore, the victim’s right to participate in sentencing and the relevant institution in the construction of criminal legal system become an urgent problem to be solved. China’s judicial reform has focused on the content of the sentencing program, the victim’s right to participate in sentencing have also been more and more attention and discussion. Whether it is suitable for our model by comparing the pattern already established in other countries formed, or innovative new institutional framework through experience, the victim’s right to participate in sentencing are evolving and improving. Based on the identified concept of the victim’s right to participate in sentencing and the nature of the private rights, this research describes rationale and legal basis of the victim’s the right to participate in the sentencing. By introducing a number of common law and civil law countries associated with the victim’s right to participate in sentencing, we can comprehensive understand the system of the victim’s the right to participate in the sentencing in other countries. On the basis of summing up the status quo of the existing legislation and judicial practice, I analysis of problems of the system of the victim’s right to participate in sentencing. For the construction of the victim’s right to participate in sentencing, I design the content of substantive and procedural, and proposed security system to enable the effective exercise of the right of victims to participate in sentencing.When the victims exercise their rights, they have sufficient freedom of choice. Whether the scope, methods or content the victims are free to choose according to their true wishes. The victim is no longer a criminal procedure "bystander", they’re with the prosecution, the defense, the ruling party together to build a "Quartet lawsuit structure"and maximize the realization of justice.