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Research On The Protection Of Victims' Rights Under The System Of Leniency For Pleading Guilyt And Accepting Punishment

Posted on:2021-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2416330605973325Subject:Law
Abstract/Summary:PDF Full Text Request
The system of leniency for pleading guilty and accepting punishment is a new attempt made in the process of judicial reform,and also a new reform and improvement made in the judicial system.This system has outstanding advantages in the rational allocation of judicial resources,which caters to the judicial situation of "more cases and fewer people",and is of great benefit to relieve the pressure of prosecutors and judges in handling cases.At the same time,the system is also the embodiment of the criminal policy of combining punishment with leniency,which highlights the judicial concept of "being strict,being lenient".However,we should realize objectively that no matter in theory or in practice,the system overemphasizes the suspects and defendants,but neglects the victims,which leads to the insufficient protection of the victims' legal rightsBased on the perspective of victim's rights protection,this thesis explores the theoretical basis of victim's rights protection in the system of leniency for pleading guilty and accepting punishment.By analyzing the current legislation of the system,this thesis discusses the problems and causes of the protection of the victims' rights in the system,and analyzes the importance of protecting the rights of the victims in the system of leniency for pleading guilty and accepting punishment by combining with other similar systems.Learn from the useful experience outside the country,and combine with the reality of our country,improve the protection mechanism of victims' rights.This thesis holds that in the system of leniency for pleading guilty and accepting punishment,it has profound theoretical and practical significance to protect the rights of victims,and victims should also be the focus of the system.In the optimization path of victim's rights protection,first of all,we should establish a correct concept of rights protection and give full understanding to the victim's rights protection;second,we should ensure the victim's main position in the system and give full play to the value of the victim;third,we should protect the victim's various procedural rights in the system,such as the right to know,the right to express opinions and so on;finally,we should gradually improve the victim relief mechanism,such as giving the victim limited right of appeal,bringing the victim into the scope of legal aid,and establishing a special fund system for criminal victim relief.Through the above measures,we can enhance the emphasis on the victims,strengthen the protection of victims' rights,make up for the shortcomings of the system,and make the system more perfect.
Keywords/Search Tags:the system of leniency for pleading guilty and accepting punishment, victim, litigation rights, optimization path
PDF Full Text Request
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