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Study On The Rights Of Victim To Participate Procedure At The Prosection Stage In The Leniency System For Pleading Guilty And Accepting Punishment

Posted on:2021-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:J X RenFull Text:PDF
GTID:2416330620976341Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The leniency system for pleading guilty and accepting punishment is a pioneering work in response to judicial reforms in the new era.It has great prospects and strong vitality,which meets the needs of judicial practice.The victim as the subject of the lawsuit occupies a key position in the procedure,and its role is very important.However,the institutional status of the victim is dwarfed in the institutional arrangement,and the rights are insufficient.The victim has no right to decide the application of the system,nor can he effectively participate in the operation of the program,and is excluded from the program.Effectively participate process of victim is an inevitable requirement of human rights protection,the necessary way to safeguard the rights and interests of the accused,judicial organs,society and other parties,the proper meaning of the leniency system for pleading guilty and accepting punishment.The article discusses the significance,insufficiency and measures of the victim's right to participate process in the prosecution stage in the leniency system for pleading guilty and accepting punishment from five parts.The first part expounds the justice attributes of the leniency system for pleading guilty and accepting punishment,the key significance of victim involvement in prosecution.The system is widely applied,if there is no victim's effective participation,it will add judicial risk and seriously damage the justice attributes of the system.The procuratorial organ is dominant in the case of forward-focused cases,when there are differences within the prosecution's internal camp,the victim is unable to participate effectively and will lose the important opportunity for procedural participation.The second part elaborates the profound theoretical basis of guaranteeing the victim's right to participate in the program in the leniency system of pleading guilty and accepting punishment.Procedural justice,humandignity,equal protection,conflict resolution and so on,these judicial concepts provides theoretical demonstration for the victim's substantial participation in the procedure.The third part introduces the relevant provisions of victim's right to participate in the procedure of the consultation system of guilty plea in other countries and regions.The victim's agreement in a sense that it is an element of the application of the system,knows the detailed information of the case,has the right to decide on some of the content of the negotiation,keeps record in the negotiation process and so on,these advanced experiences can be used for reference.The fourth part elaborates on the insufficiency of the victim's right to participate in the process,the content of the procuratorate's notification regarding the enjoyment of the right to know is limited to the right of litigation and the corresponding procedure,reading case files is subject to permission restrictions,difficult to participate negitiation procedure of procuratorial organ and defense,opinions are not valued by the procuratorate,weakening non-prosecution relief.The fifth part expounds the measures to improve the victim's right to participate in the process,the procuratorial organ shows evidence,removes the limitation of the attorney's permission to read case files,asserts rights in the negitiation procedure of procuratorial organ and defense,responds to the victim's opinions and reasoning,attaches importance to the victim's compensation claims,and establishes procedural sanctions.The transfer of procedures will deliver the indictment to the victim,and judicial review of non-prosecution will be conducted.Protects victim's right to participate prosecution has profound theoretical basis and objective practical basis in the leniency system for pleading guilty and accepting punishment,effectively protect victim's right,promotes the leniency system for pleading guilty and accepting punishment to develop in depth.
Keywords/Search Tags:leniency for pleading guilty and accepting punishment, prosecution, victim, program participation right
PDF Full Text Request
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