Study On Victim Participation In Sentencing Procedures

In recent years,with the development of the sentencing standardization reform sentencing process of reform,the victim participate in sentencing process the legal value and significance of theory and practice of the widely recognized,The Supreme People's Court,the people's court for a second five-year reform program "and" the people's court of the third five-year reform program "successively put forward the core of the reform of sentencing procedures.The Supreme People's Court,The Supreme People's Procuratorate,Ministry of Public Security,State Security,The Ministry of Justice issued " about opinions on some issues of sentencing procedures(try out)" and issued by The Supreme People's Court of the people's court sentencing guidelines(trial)" emphasizes the specific content of the reform of sentencing procedures in the trial of sentencing activities need to absorb the participation of the victim,and guarantee the relative independence of sentencing activity.Existing law while the victim enjoy sentencing to participate in the litigation activity,provides for the victim to participate in the activities of sentencing debate at the time of the order.But for the application of the victim sentencing participation way,the influence degree of the victim sentencing opinions on sentencing activity and relatively independent sentencing procedure related supporting system,etc,are not mentioned.The key of the victim's participation in sentencing procedure is that the victim's right to litigation should be in place.In addition,the improvement of relative independent sentencing procedure and its supporting system is also an important way to effectively realize the right of victim's punishment.This article is divided into five parts,from the perspective of sentencing process reform,with the establishment of relatively independent sentencing procedure as the breakthrough point,discusses the victim participate in sentencing process related issues.The first part of this article is an overview of the reform of sentencing procedure in China,which mainly discusses the motivation and legal significance of the reform of sentencing procedure in China.The change of any system has its internal causes and power driven,our country existing sentencing process due to the lack of independence reflects the shortcomings,can not satisfy the present judicial procedure of operation,be badly in need of reform.The content of the reform of sentencing procedure in China is mainly embodied in the opinions on sentencing procedure issued by the "Two Senior Ministries and Commissions" and the "sentencing guidelines" issued by the Supreme People's Court.The legal significance of the reform of sentencing procedure in China is analyzed from the independence of sentencing procedure,the guarantee of litigation rights of litigants,and the fairness of sentencing results.Article in the second part,the victim and sentencing process reform in our country,mainly discusses the sentencing process under the background of reform in our country,the victim participate in specific content of the reform of sentencing procedures and legal significance.The victim participate in sentencing reform program,the specific content of the newly revised in 2012 of the criminal procedure law,the sentencing process opinion,sentencing guidelines,the PuDong new area people's court sentencing process guidance(trial)"and" JiangYan city people's court sentencing process guidance(trial)"of analysis;Sentencing procedures in our country reforms the victim participate in sentencing procedures in the legal sense,from the victim's right of the status in the sentencing,judge,judicial justice and sentencing in the four aspects of the program.The third part of the article,the problem of the victim's participation in sentencing procedure and its cause analysis.Problem of the victim participate in sentencing procedures in our country,mainly from the court sentencing transparency is not high in China,the victim in the sentencing process way is not clear,and the victim are less involved in sentencing procedures of analysis;The victim participate in sentencing process reasons,mainly from the "conviction,sentencing" pattern of the court and the victim participate in sentencing procedures "written" and the prosecution of the sentencing recommendations dominate the sentencing process analysis.The article fourth part,the countries outside the victim participate in sentencing process is introduced,the first analysis of the typical common law countries,the United States,Britain,"The Victim Impact Statement System",followed by analysis of the typical continental law system countries,the Dutch "The Victim Impact Statement System",the last two parts of contents in the comparison and analysis.The article fifth part,the victim participate in sentencing the perfection of related supporting system,aimed at the present problems existing in our country the victim participate in sentencing procedures,the final part of this paper put forward specific proposals,mainly from the construction with Chinese characteristics of the victim impact statement system,construct a relatively independent program the crime measurement pleading andperfect the judicial documents of sentencing reasoning is analyzed.