Study On The Rights Of Participation In Penal Executive Procedure Of The Victims

Under the modern criminal judicial system, the status of victims in the criminal proceedings should be re-viewed in a new angle. As a victim, not only attend in the trial procedure in a symbolic manner, but also allow them to involve in the enforcement procedure substantiality. Which could protect the lawful rights and interests of the victims; coordinate the interests of the defendant, the interests of victims and the interests of the state and society.The purpose of this paper is to change the status of criminal victims in our country theoretically and practically, and to give them rights to participation in penal executive procedure, which is not a pure theoretical research, but an operational plan carefully designed by studying various practical problems.In order to demonstrate the victims’ participation in the enforcement procedure substantiality, this paper designs three parts: firstly analysis the definition of victim, and then speak out the reasons and functions of victims’ participation; secondly make a conclusion that our country is in the absent of victims’ participation in the execution of punishment by comparing to other countries practices; lastly, author designed a series of institutions and judicial remedies to expect a complete knowledge.In view of the practical and design for operational plan. Especially in 2014 the supreme people’s court has heard about commutation and parole case to make a provision cases of temporary execution outside prison, the victim execution participation has appeared in our country, the research of this paper is more operable and realistic significance.