The Study On Criminal Victim's Sentencing Participation

The criminal victim's sentencing participation refers to the victim effects sentencing results through publishing sentencing opinion and participating in sentencing court investigation and debate in the prosecution and trial stage.Although China's "Criminal Procedure Law" provide that the victims have the right to publish sentencing opinion and sentencing participation,but don't design the procedure of using the victim's sentencing participation rights,so that participation rate is extremely low in practice,the case and form that participating in is single,participation mode is unusual.In the world,the protection of the victim's sentencing participation rights has become an important part of the protection of victim's right.The adversary system use the victim impact statement mode generally,even in the special case,the guardian and other family members or social organizations can also become the main body of the victim impact statement,in some countries and regions the body of victim impact statement including the sentencing opinions.Authority dominant litigation model,such as Germany,the victim can publish sentencing opinion or affect the sentencing recommendations of the prosecution.Mixed litigation model countries,such as Japan,combine with the advantages of the above two models.The criminal victim's sentencing participation both has the foundation of procedural participation principle theory,and it restricts the discretion of sentencing and guarantees accurate sentencing,so it is necessary to establishing the framework of the victim's sentencing participating within Chinese judicial system by using foreign judicial experience.It's aim to establish the procedure of victim's sentencing participating and protect the rights of victims tight involved in sentencing participating.This paper consists four chapters: the first chapter is the basic theory of victim's sentencing participating,including the concept and legitimacy of victim's sentencing participating;the second chapter is the study of foreign victim's sentencing participating,investigating victim's sentencing participating under three litigation mode,including the victim impact statement and the victim's sentencing opinion,a comparative analysis of the two models and the enlightenment to China;the third chapter is to study the current situation of Chinese victim's sentencing participating,analysis of legislation and judicial situation from the stage of investigation and prosecution and the stage of trial,summarize the reason of poor victim's sentencing participating;the fourth chapter is to design victim's sentencing participating,through clearing the subject,right,effectiveness of victim's sentencing participating,through improving the victim's right,such as right of protecting and knowing and legal aid.