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The Victim Participates In The Study Of Sentencing Procedures

Posted on:2019-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:D J ShaoFull Text:PDF
GTID:2436330563957882Subject:legal
Abstract/Summary:PDF Full Text Request
The state governance model has undergone a transition from the traditional authoritative single management to advocacy officials' leadership and the people's participation in the negotiation governance model.The response in the judicial field is to gradually dispel the traditional power order,increase the responsiveness of the law,autonomy and consensus,and build a democratic,open,and diversified power order.The victim is a party to a criminal case and he has a close stake in the outcome of the case.The participation of victims in criminal proceedings is of great significance and cannot be replaced by anyone.In this paper,the theory of procedural justice,the dignity of human nature,and the purpose of penalty are taken as the starting point.It describes the value and significance of victim participation in criminal procedure.Although the victim's participation in the sentencing process is of great significance,the indeterminate sentencing procedure,the victim's own quality and traditional litigation culture and other factors have affected the quality or effect of the victim's participation.Based on the previous research,the article makes it possible to simplify the conviction procedure in cases where the defendant pleads guilty.The main litigation resources are focused on sentencing issues.The rational allocation of resources has the effect of improving litigation benefits.In judicial practice,the proportion of minor criminal cases in the total case is not small,and it was incorporated into the expedited procedure,which improved the efficiency of litigation and also saved litigation resources.In the case of guilty cases where a serious crime may be committed,the choice of procedure may be a summary procedure or a simplified procedure for ordinary procedures.In cases where defendants or criminal suspects plead guilty,no matter what procedure is chosen,they must focus on the participation of sentencing procedures.In the process of the defendant's confession of crime,the paper designed a sentencing hearing procedure.It not only prompted people to pay attention to sentencing to improve the quality of sentencing,but also provided an effective channel for the participation of other social forces.In the case where the defendant did not plead guilty,this article designed the dual structure of conviction and sentencing,that is,both the conviction procedure and the sentencing procedure,but there should be an appropriate time intervalbetween the conviction procedure and the sentencing procedure.This article mainly addresses two issues.The first question is about whether the victim can participate? If you can participate in it,then what is the reason for its participation? The second question is closely related to the first question.Since the victim can participate in it,how can the victim participate? The layout of this article is the first part to answer whether the victim can participate.The second part mainly deals with the status and causes of victims' participation in sentencing procedures.The third part focuses on resolving the systemic issues involved in the victim's participation in the sentencing process.On the basis of the classification of the case,it further improves the sentencing process.
Keywords/Search Tags:victim participation, sentencing procedure, guilty conviction, right remedy
PDF Full Text Request
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