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Research On The Sentencing Proposal Right Of Criminal Victims

Posted on:2019-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
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Article 2 of the newly revised Criminal Procedure Law in 2012 explicitly states that “respecting and safeguarding human rights” and “respecting and safeguarding human rights” as one of the tasks of the Criminal Procedure Law demonstrate that China's criminal legislation and justice are moving toward more humanity and The direction of rational development.In this revision,the design of many systems has increased the protection of criminal suspects and defendants,including the right to obtain a lawyer's defense,the right to legal aid,and the right to confront in court.In stark contrast to this,in the judicial practice,the victim's legitimate rights have not been maintained in a balanced manner.During the various stages of the litigation process,the victim's lawful rights and interests have been ignored to varying degrees.In the trial process,the victim's rights are only involved as a party.Litigation can not play an active and proactive role in the defendant's sentencing process.For criminal activities,the victim as the primary victim of crime must be fully protected and treated fairly.However,the exercise of its rights is mainly dependent on There are no opportunities for independent participation in public prosecutors.The main suit of the public prosecution office aims to protect the national interest and social order.The victim is involved in the litigation in order to restore the personal rights and interests of the individual who suffered the crime.In practice,the victim's interests are often diluted before the “national interest” and “social interest”.Victims often become the“forgotten” of the national criminal justice,which makes the protection of victims' human rights subject to certain restrictions.With the rise of the victim rights protection movement,the call for safeguarding the legitimate rights and interests of the victims is also increasing.Therefore,the reform of the sentencing procedure cannot ignore the role of the victim.Based on this,this article studies the criminal victim's sentencingsuggestion rights and hopes to establish a criminal law for our country.The victim's sentencing suggestion rights played a valuable role.This article is divided into five parts:The first part defines the related concepts of criminal victim's sentencing suggestion right.The second part analyzes the status quo of China's Criminal Victims Sentencing Proposal Right,finds the existing problems from the status quo,and further analyzes the reasons for the existing problems.The third part discusses the legal system guarantee and jurisprudential basis for establishing the sentencing suggestion right of criminal victims in our country,and points out the justification of establishing the sentencing suggestion right of criminal victim in our country.The fourth part introduces the sentencing suggestion rights of victims in typical countries of the two major legal systems.Based on this,the design of the system of the sentencing suggestion right for victims in the two major legal systems countries will provide a reference for our country's reference.Finally,it puts forward the relevant measures to protect the sentencing right of criminal victims in China,and puts forward their own opinions under the current implementation of criminal procedure to better protect the rights and interests of criminal victims.
Keywords/Search Tags:criminal victim, sentencing suggestions right, sentencing procedure, rights protection
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