The Victim's Rights Protection Under The System Of Plea For Leniency

The victim is a direct recipient of criminal acts,one of the litigants of criminal procedure,whether the protection of their rights is the most basic standard to reflect the fairness and justice of a country's judiciary.However,since ancient times,criminal justice has shifted from punishing crimes to criminal suspects and defendants' rights protection,and the victim has been neglected in criminal justice.Both the victim and the criminal suspect and the defendant are the parties to the criminal proceedings,and the balance of the scales at one end of them is not comprehensive and inappropriate for any of them.Since the middle of the 20 th century,the study of the victim has gradually arisen in the west,and the protection of the victim's rights has been paid attention to and studied.With the influence of the international human rights movement,it has become a trend of the reform of the criminal justice field to pay attention to the protection of the victims' rights.Under the wave of the protection of human rights,and our nation attaches great importance to the rights of the victim protection,as early as in 1996 will be the victim in the criminal procedure law as one of the parties of criminal procedure,this is a very advanced rules at the time.However,compared with the litigant's status,the litigant rights are very simple.The litigation rights of the victims stipulated in the criminal procedure law can not even guarantee their participation in the trial,and the basic right to know cannot be realized.However,in the trial of the leniency system in 2016,the protection of the criminal suspect and the defendant went further,and the protection of the victim was very little.Although the application of confession punishment is applicable to criminal suspects and defendants,the treatment result of criminal suspects and defendants is closely related to the victim.If the victim are not satisfied with the result of the processing,the vengeful couldn't be anger,loss without compensation,social contradictions will be inspired,petition,"court" things will emerge in endlessly.It is hoped that the research and analysis of the protection of the victim's rights can help the establishment of the victim status and the realization of its rights.This paper consists of five chapters,which are divided into three parts.The main contents include:The first part is the theoretical overview section,including the first chapter.In this part,the author elaborates on the introduction of the leniency of confession,the summary of the rights of victims and the problems of the protection of victims' rights.First of all,it discusses and analyzes the leniency system and the victim's right.Secondly,summarize the problems on the basis of analysis.The second part is the discussion section,including the second and third chapters.In this part,the analysis of the economic analysis of the victim's subject status and the analysis of the compensation right of the victim is discussed.Using the method of law economics,the author discusses what position the victim should be in the leniency system and the right of compensation.The third part is the improvement part of the victim protection in the leniency system,including the fourth chapter.In this part,the author discusses the establishment of the subject status of the victim,the guarantee of the right to know,the perfection of the procedureparticipation right and the construction and improvement of the national compensation system.Firstly,the victim should have the same status as the criminal suspect in the subject status,and the same priority should be given to the initiation of the leniency system.Secondly,from the protection of the victim's right to know,the improvement of the victim's litigation participation,the improvement of the legal aid system,the state compensation system,so that the victim can be substantial in the criminal proceedings.