Research On The Protection Of Victims' Procedural Rights Under The Leniency System For Plea Guilty And Punishment

The leniency system is not only an important measure to improve the criminal procedure,improve the efficiency of criminal proceedings,and implement the criminal policy of combining leniency and strictness,but also one of the ways to reflect modern judicial tolerance,and it is also one of the important ways to improve the modernization of national governance capabilities.The leniency system that is in the stage of exploration,improvement and development has achieved good legal and social effects,but also exposed some problems,such as attaching importance to the protection of the rights of the prosecuted and ignoring the protection of the rights of the victims,especially procedural rights.The protection of litigant rights of litigants is not equal.First of all,judging from the existing legal norms,there are not only few provisions on the protection of victims' procedural rights,but also vague regulations and insufficient operability;Secondly,judging from the existing research,the research on the leniency system of confessing guilt and punishing mostly focuses on the value attribute of the system,the voluntariness of the prosecutor's confession of guilt and punishing,the legitimacy or the protection of other procedural rights,there are few studies on the protection of victims' procedural rights.According to the existing norms on the protection of victims' procedural rights in the leniency system,combined with existing research,insufficient protection of victims' procedural rights is mainly based on the following reasons: first,the criminal legislation is influenced by the traditional thinking of the prosecutor's rights protection preference;second,the legal status of the victim in the leniency system of confessing guilt and punishing is unclear;third,there is insufficient theoretical preparation for the protection of victims' rights;fourth,there is a conflict between the efficiency value carried by the leniency system and the thoughtful protection of the victim's procedural rights.At the beginning of the trial,the system focused on whether the rights of the victims were fully protected,and neither affected the operation of the procedure nor necessarily affected the outcome of the case.Therefore,the protection of the rights of the victim's procedural rights was basically ignored.According to the provisions of the Criminal Procedure Law regarding the legal status of each subject in the criminal procedure,the victim and the prosecuted are both parties in the criminal procedure.Therefore,the protection of the rights of the two should be equal.According to the provisions of the Criminal Procedure Law for the legal status of each subject,the victim and the prosecuted are both parties in the criminal procedure.Therefore,the two should be equal in the protection of their rights.Victims,as the objects of direct violations of criminal acts,should have the right to participate in the process of case processing in accordance with the requirements of procedural justice.Strengthening the protection of victims' procedural rights in the leniency system can not only improve the standardization of the system's construction and operation,but also conform to the trend of reform of the criminal procedure system,help improve the efficiency of criminal procedures,and enrich restorative justice.The practical connotation of the idea.In view of this,in order to ensure the continuous and standardized operation of the system of plea guilty and punishing leniency,it is necessary to re-examine the protection of the victim's procedural rights in the plea punishing leniency system.Specifically,the author believes that it can be improved from three aspects.First,it is necessary to clarify the victim's procedural subject status in the system of confession of guilt and punishing leniency,that is,in the factual link of confession,the victim is in the main position to help the public security and judiciary judge the authenticity of the prosecutor's confession,and when it comes to the application of law The leniency link is in a supplementary position;Second,the procedural rights of the victim can be refined and expanded to ensure that the victim in the system of plea guilty and punished leniency at least has the complete right to know,the right to express opinions and to be heard,the right to obtain legal help and the right to raise objections,etc.,by giving the victim specific The procedural rights reflect its status as the subject of procedures;Finally,other safeguards can be designed for the realization of the victim's procedural rights,such as perfecting the judicial aid payment system,exploring and promoting the victims' charitable public welfare assistance channels,and establishing a sound power supervision system.Strengthening the protection of procedural rights of victims in the system of confession of guilt and confession is not only an important way to provide judicial assistance to victims,but also one of the focuses of exploring the construction of a system of confession and confession with long-term vitality.