Research On The Protection Of Victims' Procedural Rights In The Pleniency System

As a major reform measure for administering the country in accordance with the law,the confession and punishment system has been changed from a leniency system(hereinafter referred to as the “confession and confession system”)to the confirmation of legislation.The value and advantages of efficiency and tolerant justice have been demonstrated in many cases.From the beginning of the system,the theoretical and practical circles have paid more attention to promoting the implementation of the system and protecting the legitimate rights and interests of criminal suspects and defendants.In contrast,the victims have paid less attention.less.In terms of legal norms,the number of legal provisions on the protection of victims' litigation rights is small and the provisions are vague.Most of them are principled and declarative clauses,which are neither operable in practice,but also easy to be formal.The victim is the direct bearer of the criminal act and has a close relationship with the application of the confession and punishment system.It should be involved as an important subject of litigation.Moreover,the protection of victims' litigation rights in the system is also protected by human rights,procedural justice,and restorative justice.The inevitable requirements of the concept are of great practical significance for preventing litigation risks,reducing social conflicts,supervising the exercise of public power,and ascertaining the facts of cases.In view of this,this article intends to explore the related issues of the protection of victims' litigation rights in the confession and confession system.It is hoped that everyone will pay attention to the victims and that they can take into account and balance the interests of the victims while continuing to promote the confession and confession system.This is not only criminal justice.The inherent requirements and profound expression of justice also help the legitimacy and standardization of the confession and punishment system itself.This article is divided into five parts to discuss the protection of victims' litigation rights in the system of confession and punishment.The first part is the confession and confession system and the basic principles of the victim.It elaborates the background,connotation and value of the confession and confession system,aswell as the connotation of criminal victims and the change of litigation status in China.The second part is the current situation and causes of the protection of the victim's litigation rights in the current confession and punishment system.It analyzes the current situation of the victim's marginal position in the system from the three dimensions of legal status,academic research and practical operation,and further analyzes the causes The reason for this phenomenon is,on the one hand,due to the value conflict between the system itself and the protection of victims' rights,and on the other hand,it is affected by the traditional state-based concept.The third part discusses the reasons why the victims should attach importance to the protection of litigation rights in the confession and punishment system from the two aspects of legal basis and practical significance.The fourth part introduces the methods of protecting victims in similar systems in the United States,the United Kingdom,and Taiwan,including the plea bargaining system in the United States,the victim impact statement system,the confession negotiation system in the United Kingdom,and the confession negotiation process in Taiwan.The actual situation in China has analyzed the enlightenment of the measures of protecting victims in these systems or procedures to the confession and punishment system.Based on the previous analysis,in view of the fact that the rights of victims in the system are cold,the concept of improving the protection of rights is proposed in the fifth part of the article.First,the victim's litigation status should be clarified.The status issues of the three stages of investigation and investigation were clarified respectively.Secondly,the rights of litigation were detailed and expanded.Victims in such cases should have at least the right to information,the right to recommend procedures,the right to recommend sentencing and the right to relief.Finally,establish and improve Related supporting systems can further improve the duty lawyer system,try to establish a national compensation system,and strengthen victims' litigation rights in the confession and punishment system.