Study On Participation Of Victims In Lenient Punishment For The Admission Of Guilt And Acceptance Of Penalty

The establishment of lenient punishment for the admission of guilt and acceptance of penalty has its specific historical background and value orientation,that is,it conforms to the current criminal policy orientation and international trend of combining leniency with severity,can promote the complicated and simple distribution of cases,and help further optimize the allocation of judicial resources,so as to reduce judicial pressure and improve judicial efficiency.However,we should not ignore the problems exposed by it.We should not blindly pursue the supremacy of efficiency,but more importantly,highlight the protection of human rights.It can be said that there is still room for further improvement of the leniency system.In view of the current situation,neither the legislation,the judicature nor the academic circles have given enough guarantee and consideration to the victim's participation in lenient punishment for the admission of guilt and acceptance of penalty.Therefore,it is inevitable that the victim can not participate in the sentencing negotiation process in essence,and in practice,it is likely that the victim's rights are not guaranteed and they will be angry and dissatisfied,and then petition to appeal and other ways to express the appeal,in order to avoid the focus of the dispute,some case handling organs dare not apply the leniency system in cases with victims.There is also a problem that confuses the leniency system with criminal reconciliation.The necessary remedy to the basic rights of the victim accords with the restorative justice and the value of penalty.It is helpful to avoid social problems caused by victims'disobedience and to ensure social harmony and stability.It can reduce the cases of case workers bending the law for personal gain and make the judicial operation more fair.In this paper,the existing literature is collected to carry out theoretical research and lay a good theoretical foundation.In view of the specific content of the study to cite examples to carry out empirical analysis,to find the problem,by comparing the domestic and foreign related legislation and judicial practice for reference and reference experience of extraterritorial system,puts forward improvement schemes and countermeasures,namely clear specification pleaded guilty to forfeit from system positioning and its rights and interests of the victim relief is not only a priority,is more advantageous to make the whole criminal lawsuit field pay attention to and the protection of the victim's participation.At present,the protection of the victim's participation is not enough in China.The shallow reason lies in the value pursued by the system of lenient admission and punishment,that is the choice conflict between efficiency and faimess.The fundamental reason lies in the inherent tension between the restorative judicial concept and the negotiated judicial concept.However,although there is tension between them,they can still be connected,so as to achieve a balance between justice and efficiency.Based on the complementary integration of judicial concepts,the guarantee the victim's participation in the system of lenient admission and punishment can be established.Effectively protect the victim's right to know,standardize the victim's right to propose sentencing advice,and ensure that the victim has the right to request legal help and obtain relief.In this way,the aim of punishing crimes is to protect human rights,repair social relations,safeguard social harmony and judicial credibility.