Research On Protection Of Rights And Interests Of Victims In Death Penalty Cases

In the path of death penalty control,the judicial control of death penalty is more operational,and there is relatively less resistance in the process of carrying out it.However,with the development of judicial control of death penalty,how to improve the tolerance of the victim to the death penalty control by means of internal and external criminal procedure has become a serious concern of criminal justice.In the context of " the trial-centered" reform,the protection of the rights and interests of the injured party has not attracted enough attention.First of all,in the aspect of the victim's influence on the death penalty,"double standards" have been adopted.The victim's understanding can be used as a discretionary leniency,while the victim's lack of understanding can't directly affect the application of the death penalty,the injured party may choose the way out of court to influence the application of the death penalty.Secondly,the injured party has a "dual identity" in participating in the trial,as a victim and a witness in the criminal proceedings,and the status of the parties to the criminal proceedings not only does not protect the rights and interests of the victims in the trial,but on the contrary affects the exertion of their functions as witnesses,at the same time,the legal status of the victim's close relatives still needs to be standardized.Finally,in the context of the double squeeze of judicial interpretation and judicial practice,The realization of the claim for compensation to a large extent depends on the so-called " the criminal composition in the case of death penalty".In death penalty cases,the victim's claim mainly focuses on the following three points: the claim of applying death penalty,the claim of participating in court trial,and the claim of compensation for loss.Under the background of Death Penalty Control,the victim's appeal inevitably suffers the impact.The death penalty applies the proportion to reduce increasingly,the death penalty applies the standard to be more rigorous,causes the injured party to apply the death penalty the request to be difficult to realize.The claim of the injured party to participate in the court hearing is hindered in both theory and practice,which leads to the low degree of the injured party's participation in the court hearing.Against the background of the continuous increase in the consumption level of the residents,the amount of civil compensation in death penalty cases not only has not increased obviously,but even decreased in some years,so that death penalty cases with civil compensation at a lower standard.The reform direction of the protection of the rights and interests of the injured party in death penalty cases should distinguish the feelings of the injured party in the application of death penalty To explore the establishment of an additional litigation system for the victims of death penalty cases,supplemented by the full coverage of the defense of the victims of death penalty cases and the accompanying system of social and Psychosocial Process Monitoring;"Actively Compensation" as an independent sentencing circumstances,to further improve the injured party relief system.The purpose is to bring the appeal of the victim into the rule of law,restricting its negative influence to achieve the goal of judicial control of death penalty by the above mentioned ways.