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The Right Of The Victim Under The Leniency System

Posted on:2019-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z YinFull Text:PDF
GTID:2416330563456339Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Greater pleaded guilty to forfeit their victims legal rights protected in the case is to respect and guarantee human rights,criminal procedure,the system consistency and rationality,and guard against the risk of serious action necessary requirement.In order to alleviate the contradictions and improve the efficiency of the criminal procedure,the criminal justice system was designed to alleviate the contradiction and increase the efficiency of the criminal procedure,but ignored the litigation rights of the victims to varying degrees.The victim as the parties and greater confessed forfeit their system of criminal procedure of the interested party,its rights shall be,like people being prosecuted by equal attention and treatment,become the focus of the criminal procedure legislation in the future.It is of great practical significance to study the protection of victims' rights under the leniency system and to improve the protection of victims' rights under the leniency system.This is not only an inevitable trend in the development of criminal proceedings,but also an objective requirement to respect and guarantee human rights.This paper consists of four parts:The first part elaborates the connotation and value of confession.This paper briefly introduces the background,meaning and value pursuit of the time of confession.The article points out that the value pursuit of the leniency system is the efficiency view based on justice and the principal status of the litigant.The second part,the victim rights under the greater confessed forfeit their system from two aspects of legislation and judicial status quo research and evaluation,supplemented by the victim rights under the American plea bargaining system of experience.Pleaded guilty to forfeit their pilot run from the system of legal documents on the protection of the victim rights and enjoy the rights of the victim in the field of judicial practice,so as to locate the victim's position in the greater confessed forfeit their system.In the third part,the author analyzes the existing problems of the victim's rights protection under the leniency system and the position in the system.This paper points out that the victim rights protection of the main problems are: inadequate protection of the rights of the victim and the victim and the accused person right wrong,inadequate protection of the participation,relief system lack,such as difficult to get right to legal aid.The fourth part,on the basis of the above research,put forward the perfect countermeasure.It mainly includes: improving the victim's right to know,participation,relief and legal aid.
Keywords/Search Tags:Guilty plea of leniency, The victim, Rights protection
PDF Full Text Request
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