Research On Victim’s Sentencing Participation

With the rise and development of the victim’s rights movement, causing the change of corresponding policy in many countries, breaking the traditional concept of people-centered crime, change the balance of private right and public power, the defendant and the victim rights between the equilibrium of the model. As criminal acts against the victim has suffered directly, requirement is not only the correctness of the conviction, but also hope to protect the sentencing fairness; not only participate in sentencing procedure of opportunity, also hope to give opinions on the penalty. Because the victims are most concerned about is the judge of the accused sentenced to punishment and severity.From October 1,2010, the Supreme People’s court began implementation of the standardization of sentencing reform, trial< People’s court sentencing guidelines (for Trial Implementation)> and< on Several Issues concerning the standardization of sentencing procedures views (for Trial Implementation)> two files. Procuratorate sentencing suggestion right and the accused person’s sentencing in more discussion, but on the victims involved in sentencing procedure concerned rarely, even if the provisions the victim can to the identity of the party in the litigation activities published his views on sentencing, but no clearly stipulates that the victim how to participate in sentencing procedure, the discretion of punishment suggestion how to influence and sentencing issues.Based on the above background, to sentencing norms reform as an opportunity, the sentencing of the victim participation in research, build victims involved in sentencing procedure system, specification for victims in sentencing procedure rights. To safeguard the victim’s effective participation in the sentencing procedure, respect is the personality of the victim, and improvement of the sentencing procedure; both establishing the authority of justice, but also in line with restoring justice, promote social harmony.