Study On Victim Participation Sentencing Mechanisms

With the continuous changes of the sentencing status of the victim from the irrelevant of the ruling to the influence of the ruling,both from the theory of criminal procedure and the trend of the development of extraterritorial legislation,more and more attention has been paid to the protection of the rights of the victim.In the law,all countries have stipulations on how the victim participates in the procedure of sentencing procedure.In the design of the relevant system,it is clear that more subjects are involved in the sentencing,so as to ensure the completeness and completeness of sentencing information,so that the judge ' s sentencing judgment is more reasonable and fair.On the contrary,China's participation in sentencing for victims is still in the stage of theoretical controversy and legislation to be perfected.This system is also dealt with in the Criminal procedure Law of 2012 and other relevant judicial documents,and there are related cases in judicial practice.But our country has not yet set up a complete mechanism of victim participation in sentencing,which has led to the marginalization of the victim's litigation status and the impartiality of sentencing referees.Under this background,this article mainly through the following several aspects to perfect our country victim's sentencing participation mechanism.First of all,the relevant systems abroad are combed,and the characteristics and advantages of extra-territorial victim sentencing participation system are analyzed and summarized.Secondly,based on the actual situation of our country,we investigate whether it is necessary to establish the victim sentencing participation system questionnaire data,and analyze the necessity of the establishment of victim sentencing participationsystem at this stage in our country.Finally,the author puts forward some ideas and suggestions on the concrete system design of victim's participation in sentencing in our country.The purpose is to benefit the establishment and perfection of victim's sentencing participation mechanism in our country.