On Victims Participation Of Sentencing System In China

In the course of criminal proceedings, the victim’s litigation position is very embarrassing. Since the establishment of modern criminal procedure system, the maintenance of national interest is in the first place. However, the right of victims is shrinking and in a more vulnerable side. Moreover, it even becomes a foil of the prosecutor accused a crime, and its independent judiciary demands are often disregarded. With the growing international community’s concern for the victims, the methods of restoring the rights of victims due attention paid to the legal profession, building a system in the system to allow victims to reasonably express their interest demands, effective dispute settlement in the lawsuit, are the proper meaning of Criminal Procedure Development and Reform. Thus, the victims involved in the sentencing system came into being. It refers to the object of the criminal proceedings as participants, faithfully based on the extent of material damage and moral damage, and the defendant should be sentenced to penalties which apply an objective views and suggestions. Victims participating in the proceedings is an important procedural right, and it can not only protect the legitimate rights, interests of the victim, appease the victim’s emotion, ensure their effective participation in the activities of the entire sentencing process; but also can help the prosecution, the court gets the information, effective sentences the information and inhibits the discretion, of the Court. From a broad perspective, it helps to maintain a balance between the status of the criminal proceedings of the victim and the accused, the criminal proceedings to ensure fairness, impartiality; from microscopic, it helps the defendant commit their own guilt, in the fight of victims’ forgiveness while fulfilling the corresponding obligations of compensation.For the consideration of value, the principle of fairness and justice is as a primary standard, combined with human rights, judicial justice, and litigation to protect the concept of restorative justice. The system examines the procedural justice theory and conforms the development trend of the modern criminal justice, it also has some theoretical significance. In addition, the system’s building is beneficial to improve the status of the victim’s lawsuit. What’s more, it also has a positive impact on the whole sentencing process transparent and raises public identity in terms of the administration of justice.By Learning from foreign criminal sentencing Victims Participation beneficial experience sentencing regime, we can draw a conclusion that:First, we should build a relatively independent of the sentencing process to ensure its independence, which is separated from convicted program; Second, we should establish the concept of restorative justice to have a dialogue relationship between the victim and the guilty, which is good to resolve disputes; Third, we should protect the rights of victims, including:the right to know, the right to sentencing recommendations, sentencing debate right, and right to sentencing supervision; what’s more, we should be clear about Sentencing Victims involved in the activities of the dominant position to enhance the motivation of victims Sentencing; Finally, improve the construction of related mechanisms, such as:sentencing respondent mechanism, sentencing reasoning mechanism and right to relief mechanism.