Study On The Victim's Litigation Rights In The Leniency On Admission Of Guilty And Acceptance Of Punishment

The lenient system of pleading guilty and pleading punishment simplifies the procedure,optimizes the allocation of judicial resources and simplifies the diversion of cases through pleading guilty and pleading guilty and pleading punishment of suspects and defendants,thus realizing the goal of improving litigation efficiency and achieving the balance between social interests and personal interests.Victims as parties enjoy litigation rights in criminal proceedings.However,through empirical research,it is found that the role of victims in the operation of the system does not meet the functional orientation of the leniency system for confession of guilt and punishment.For example,the understanding of victims has a high influence on the opening of the plea procedure,and the degree of compensation for victims is directly related to the leniency of sentencing.Couple,the form of sentencing opinions of victims is single,and the necessary procedure of sentencing opinions put forward by victims is too formal.These problems are caused by the deviation of the position of the victims in the lenient system of pleading guilty,the cognitive deviation of the victims'litigation rights in the lenient system of pleading guilty,and the lack of clear guidelines for sentencing.Based on literature review,empirical research,comparative analysis and other research methods,starting from the judicial practice of confession cases,combined with the theory and system particularity of leniency system for confession and punishment,this paper clarifies the litigation rights of victims in leniency cases for confession and punishment,and provides helpful suggestions for victims to play a role in confession and punishment cases.The main body of the article includes introduction and conclusion,which are divided into six parts.The introduction part describes the process of putting forward problems and the existing theoretical research results;the second part teases out the legislative status of victims under the leniency system of confession of guilt and punishment;the third part summarizes the existing problems from the sample analysis of judicial practice;the fourth part,based on confession of guilt.The direct goal of lenient penalty cases is to simplify the victim's litigation rights appropriately and limit the victim's right to relief and the right to choose the procedure.The fifth part,based on the characteristics of lenient confession cases,makes it clear that before the formulation of sentencing suggestions by procuratorial organs,the focus should be on protecting the victim's litigation rights to put forward sentencing opinions and constructing the content of the litigation rights.The conclusion part is a summary of this paper.