Study On Protection Of The Victims In The System Of Leniency Based On Admission Of Guilt And Acceptance Of Punishment

The leniency system is one of the main tasks of the current judicial system reform in China,and has been written into the Criminal Procedure Law.This system has many advantages and is suitable for the current judicial situation in China.But this system also has some shortcomings,for example,there is a lack of protection for the rights of victims.Victims are harmed by criminal acts and their rights should be protected,protection of the rights of victims is a problem that must be paid attention to in criminal proceedings,the leniency system is no exception.Therefore,in the development process of leniency system,it is necessary to improve the litigation status and litigation rights that victims should have.And give full play to the positive role of the victims.To this end,on the one hand,it can enhance the participation of victims in the process of "sentencing consultation",and ensure that the victims and the criminal suspects and defendants who "please pleaded guilty" and "recognize the punishment" fully consult on the compensation issue,and improve the "victim understanding and reconciliation" in confession and punishment.On the other hand,it can give victims independent opinion of sentencing,to protect the channels of victims' opinions,avoid neglect of the opinions of victims,and to improve the accuracy and effectiveness of victims' sentencing opinions.Extend the subject of legal assistance to the victim so that the victim's rights can be exercised with professional legal guidance.At the same time,if the victim fails to obtain sufficient compensation because of the criminals' "inability to compensate or adequate compensation",and through the incidental civil action,industrial and commercial compensation,insurance compensation and other social assistance methods,timely and effective compensation cannot be obtained,making it impossible to maintain If normal production and living needs lead to serious difficulties in life,they should be rescued through state compensation to promote the recovery of the normal life of the victims.