Research On The Protection Of Victims’ Rights In Lenient Cases Of Confession And Punishment

From the start of the reform of the judicial system in 2014 to the end of the revision of the " Criminal Procedure Law " in 2018,a system of prosecution and defense consultation with Chinese characteristics-the system of leniency for confession and punishment has been gradually improved in law.The creation and implementation of the lenient system of confession and punishment has brought significant positive effects in promoting judicial justice,effectively allocating judicial resources,improving litigation efficiency and safeguarding judicial authority.However,the issue of how to protect the rights of victims in leniency cases has always been the focus of academic and practical discussions.Giving full attention to the status and rights of victims in lenient cases of confession and punishment can effectively improve the lenient system of confession and punishment,and help to improve the utilization rate of the lenient system of confession and punishment.Based on the improvement of the leniency system of confession and punishment in China,through the investigation of the extraterritorial system,this paper analyzes the current situation of the protection of the rights of the victims in the handling of confession and punishment cases in China,and summarizes the problems existing in the practice of the protection of the rights of the victims in such cases.There are some problems in the procedure,such as the lack of protection of the victim ’s right to know,the obstruction of the right to participate in the procedure and the difficulty of obtaining legal aid;on.the entity,there is a lack of effective ways for victims to participate in the negotiation of confession and punishment,and a lack of guarantee for the right of claim.In view of the existing problems,this paper puts forward some suggestions on the optimization of the procedural and substantive rights of victims.In the procedure,the victim’s right to know is guaranteed in an all-round way,the victim’s right to participate in the procedure is guaranteed,and the victim’s legal aid system is refined.In the entity,the victim’s right to participate in sentencing and the victim’s right to criminal damage compensation are strengthened.