Study On Criminal Victim’s Participation In Sentencing System

Traditionally,judicial theory has always focused on the protection of the rights and interests of the accused,while ignoring the protection of the rights of the victims.With the rise of the victim movement,all countries began to strengthen the protection of the rights and interests of victims.In our country,with the in-depth study of the question of sentencing in the judicial reform,the problems in the sentencing procedure are becoming more and more concerned,but the focus of attention is mostly in the procuratorial organs and the defendants,but in theory and practice,the role of the victim in the sentencing procedure is less concerned.Although the victim participates in sentencing,there may be some objective influences on the efficiency of the lawsuit and the extension of the litigation rhythm.However,from the influence of the overall situation,the victim personally participates in the whole process of the sentencing referee,and can publish his own opinion to improve the fair feelings of the referee’s results,and also play an important role in procedural justice,substantive justice and appeasing the complicate psychology of the victim.There is no specific litigation system for the victim’s participation in sentencing in China,but there are many attempts.But it is still a theoretical obstacle,such as the influence of the traditional legal thought is also influenced.At the same time,there are also realistic obstacles,such as imperfect subjects’ rights,imperfect participation procedures and lack of corresponding supporting mechanisms.Considering the system construction of foreign countries,we analyze the existing problems and learn from them.According to the National conditions of our country,the relative independent sentencing procedure is improved,and the relevant litigation rights are guaranteed.In practice,we should gradually improve the victim’s right to know in terms of legislation construction,content and form,subject and time of the victim’s right to know.As well as the right of appeal and the right to apply for protest and other clear and perfect.In the concrete procedure construction,the victim participates in the time node of the sentencing procedure and the time node of the sentencing opinion,and the contents and methods of the participation are perfected.At the same time,the supporting measures include the investigation of sentencing information in the pre court preparation stage,the sentencing defense in the trial stage,the sentencing reasoning in the formation stage of the judgment,and the guarantee of the victim’s participation in the collection of information in the sentencing.The relief for victims in violation of rights and the perfection of legal aid system.In general,ensuring the effective participation of the victim in the sentencing procedure is not only conducive to the improvement of the protection of the rights and interests of the victims and the respect of the personality,but also the judicial justice,the procedural justice and the substantive justice,which conforms to the concept of restorative justice and promotes social harmony.