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On The Protection Of Victims' Rights In The System Of Plea Guilty And Punishing Leniency

Posted on:2020-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LvFull Text:PDF
GTID:2436330575960948Subject:Law
Abstract/Summary:PDF Full Text Request
The trial and popularization of the system of leniency on admission of guilty and acceptance of punishment is an important link in the reform of our judicial system and a key step to advance the strategy of governing the country according to law in an all-round way.As the system being the pilot work continues to be carried out,it also gradually exposed some problems to be optimized.As a more simplified and reasonable litigation system,it should protect the litigant rights of parties while seeking the balance between fairness and efficiency.As the parties of the lawsuit,the rights of the victim and the accused should be protected equally.On the one hand,the implementation of the system of leniency on admission of guilty and acceptance of punishment is to improve the efficiency of litigation and ease the pressure on judicial organs in handling cases.On the other hand,through the admission of guilty and acceptance of punishment of the accused,the social relations destroyed by the crime can be repaired.At the present stage,the discussion between judicial practice and academic circles mostly revolves around the right of the accused and ignores the protection of the victim's rights to a great extent.Increasing the efficiency of litigation by distinguishing between complex and simple cases and simplifying procedures is beneficial to social development,but it cannot ignore the rights of victims because of this.The victim is the person who is injured in the crime.One of the purposes of pursuing the crime is to smooth the victim's injury,and the fairness cannot be ignored because of the pursuit of efficiency.The victim,as the relative level of the accused person,should also be protected,and the rights of the victim in this system must be given reasonable and necessary attention,which is not only the requirement of balancing the interests of the accused and the victim,but It is also the need to guard against contradictions and conflicts caused by dealing with injustices.In view of this,this paper intends to discuss the protection of victims' rights in the system of leniency on admission of guilty and acceptance of punishment and investigate the protection of victims' rights in the system of plea bargaining abroad.It also elaborates the problem of protecting the victims' rights in the system in our country at present and puts forward some practical solutions in order to achieve the aim of standardizing and rationalizing its operation.
Keywords/Search Tags:admission of guilty and acceptance of punishment, victims' rights, system guarantee
PDF Full Text Request
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