Research On The Right Of Victims To Express Sentencing Opinions In Plea Of Guilty And Leniency Cases

The victim’s right to express sentencing opinions in plea of guilty and leniency cases is a very important litigation right,and participation in sentencing conclusion and sentencing recommendations adjustment should be the core content of this right.In the context of uneven protection of the right to express sentencing opinions of the parties to plea of guilty and leniency cases,different theoretical views and different practices.it is of great theoretical significance and practical value to study the victim’s right to express sentencing opinions in plea of guilty and leniency cases.This paper will clarify the concept of the victim’s right to express sentencing opinions in plea of guilty and leniency cases,and to clarify the justification and value of protecting the victim’s right to express sentencing opinions in plea of guilty and leniency cases.On this basis,to interpret the problems related to the protection of victims’ rights in plea of guilty and leniency cases in judicial practice;By conducting comparative studies and in conjunction with the relevant legislation and judicial situation in China.the author will propose a practical protection scheme for victims’rights to express sentencing opinions in plea of guilty and leniency cases.The full paper is divided into five parts:The first part defines the concept of victims’ right to express sentencing opinions in plea of guilty and leniency cases.By distinguishing the concepts of the right of’victims to express sentencing opinions in plea of guilty and leniency cases and the right of the prosecuted(the collective term for criminal suspects and defendants)to express sentencing opinions.the core meaning of the right of victims to express sentencing opinions in plea of guilty and leniency cases will be sorted out.The second part examines the multidimensional value of strengthening the protection of victims’ right to express sentencing opinions in plea of guilty and leniency cases in terms of protecting human rights,improving litigation efficiency and judicial credibility.The second part focuses on the rationality and reasonableness of allowing victims to participate in the sentencing conclusion and adjustment of sentencing recommendations in plea of guilty and leniency cases.The third part explores the problems in the protection of victims’ right to express sentencing opinions in plea of guilty and leniency cases.Based on empirical research.it focuses on the causes of the problems at the level of judicial philosophy.legal norms,and judicial practice.The fourth part introduces the relevant experiences of extraterritorial support for victims to fully express their views on sentencing,focusing on the victim impact statement system and victim participation in the sentencing system.This section introduces the victim impact statement system in the United States,Australia,Canada and other foreign countries,the victim registration system in the United Kingdom,the balanced consultation and rehabilitation system between the offender and the victim in Germany,the victim hearing system in Japan,and the restraint mechanism of the victim on non-prosecution in civil law countries,in order to explore the protection of the victim’s right to express sentencing opinions in the case of plea and punishment in China.The "other rocks" of the "other mountains".The fifth part proposes the protection scheme of the victims’ right to express sentencing opinions in plea of guilty and leniency cases.The main focus is on improving the legal regulation of the protection of victims’ right to express sentencing opinions in plea of guilty and leniency cases,implementing the leading responsibility of procuratorial organs and promoting the construction of supporting systems.