The Necessity Argument And Procedure Construction Of Criminal Victims’ Intervention In Commucation

There are many problems in the current commutation procedure,among which the lack of involvement of criminal victims is the consensus of the academic circles.The necessity of criminal victim’s intervention in commutation is still controversial in academic circles.Only on the basis of adequate theory can we discuss the procedure construction of intervention.Therefore,in addition to the introduction and conclusion,this paper is divided into 4 chapters with a total of 57,000 words:Chapter one,the legal basis of criminal victim’s intervention in commutation.From the perspective of jurisprudence,the criminal victim is interested in commutation because of the realistic expectation of declaring punishment,and the deep-seated idea behind it is the realization of penalty purpose.Secondly,the criminal victim is the subject of criminal proceedings,and allowing the criminal victim to intervene in commutation under the principle of participation will help protect the criminal victim’s litigation subject status,enhance judicial credibility and give full play to the guiding role of law.Chapter two,the practical necessity of criminal victims’ intervention in commutation.In the current commutation procedure,there are some situations of "everybody is OK" at the expense of some national interests and the interests of criminal victims.From the perspective of game theory,bringing criminal victims into the negotiation table of commutation helps to solve the "conspiracy" situation to a certain extent,and can also guide criminal victims to express their demands through procedures reasonably and legally,which is an effective way to build a socialist harmonious society.With the development of the concept of restorative justice,allowing criminal victims to intervene helps to protect their rights,conducive to the reform and correction of prisoners.In response to some academic and practical questions,this paper refutes the view that "criminal victim’s intervention is useless" from the independent procedural value and instrumental value of the Criminal Procedure Law,and refutes the view that "criminal victim’s intervention makes commutation difficult to apply" by enumerating specific cases and logically demonstrating,thus correcting the correct attitude of modern society towards criminal victims and the relationship between justice and efficiency,and responding to the query that "criminal victim’s intervention reduces commutation efficiency".Chapter three,the normative basis of criminal victim’s intervention in commutation.In the current legal framework,the intervention of criminal victims in commutation is the proper meaning of respecting and protecting human rights in our constitution,and it is the inevitable requirement of criminal procedure law,which reflects the basic connotation of international criminal justice norms.Chapter four,the procedure construction of criminal victim’s intervention in commutation.On the basis of drawing lessons from the procedural rights and modes of parole intervention for criminal victims in developed countries such as the United States,Britain,Germany and France,this paper summarizes three intervention modes for our country from a macro perspective: traditional confrontational judicial mode,non-confrontational hearing mode and administrative examination and approval mode.According to China’s judicial practice,commutation is essentially a reward,which should not be promoted to the right of prisoners at this stage.Meanwhile,commutation ruling is a judgment behavior,not an execution behavior,and belongs to the category of judicial power rather than administrative power,so we should choose the non-confrontational hearing mode led by the court.In the design of micro-procedural rights,criminal victims are given the right to know,choose and express their opinions.The right subject who enjoys this part of procedural rights is a natural person whose personal,property or other rights and interests are directly infringed by criminal acts,and the victims who are not registered at the time of judgment are not in the scope of criminal victims who can intervene in commutation.When a criminal victim dies,his close relatives can inherit procedural rights and intervene in commutation procedures but cannot inherit the status of criminal victims.