An Empirical Study On Comprehensively Hearing Victim's Opinions In The Process Of Examination And Prosecution

Hearing the victim's opinions is one of the statutory procedures in the process of examination and prosecution of the procuratorial organs in China.This has great significance to protect the victim's right to participate in litigation,promote the victim's recovery and realize judicial justice.Regretfully,because of the simplicity of the legal provisions and the lack of corresponding measures,the implementation of this procedure in practice is not satisfactory.This problem has existed for a long time but has not been solved yet.This paper based on the current legal situation and the needs of judicial practice,from the perspective of empirical analysis of the problems and causes of practical operation,trying to build a set of effective procedures to listen to the views of victims.Especially the procedure unable bypass,but the theoretical study of the identification of victims involved in very few,preliminary proposed a set of universal standards.Besides the introduction and conclusion,the main body of this paper consists of four parts,brief introduction is as follows:The first chapter is an overview of hearing victim's opinions procedure.This procedure has the legitimacy of existence in theory and coincides with the legislative purpose in realizing procedural justice,human rights protection and power supervision.In handling cases,it also plays a practical role in ascertaining the case,victim recovery and victim prevention,which is necessary in practice.The second chapter makes an empirical analysis of the practice of hearing the victim's opinions.This paper take a procuratorate as a blueprint,summarizes the problems of not strictly enforcing procedures and lacking procedural standards in practice,which are caused by misleading concept of law enforcement,incomplete legal provisions and less theoretical research.The third chapter puts forward the specific criteria for the identification of victims.It involves the protection of the victim's litigation rights,the advocacy of fair legal value and the need to meet the judicial practice.This chapter makes a preliminary exploration on criteria for the identification of victims from the concreteness of the victim,the legitimacy of the victim's interests,directness of victimization objects and substantiality of degree of victimization.The fourth chapter reconstructs the procedure of hearing the victim's opinions.Starting from the basic requirements of hearing the victim's opinions,a set of standardized,unified,complete and effective procedures should be constructed around the six aspects of the stage,ways,object,content,adoption of hearing the victim's opinions and the restriction of violating the procedures.