Study On The Victim's Opinions From The Viewpoint Of Sentencing

"In the history of criminal civilization, sentencing justice has always been the unremitting pursuit of lofty goal. In a sense, the whole history of criminal civilization is a history of exploring sentencing justice continuously for the purpose of penalty." Therefore, exploring sentencing justice is not only a world issue, but also the requirement of legal modernization and penalty civilization science China's reform and opening up.China's judicial theorists and practitioners have also realized this issue and have implemented relevant reforms to explore sentencing justice. In recent years, the trial of the institution of prosecutor's sentencing recommendation has been carried out in the procuratorate system; and in the court system, Supreme People's Court has issued "Guiding Opinions on Sentencing by People's Courts (for trial implementation)" and "Guiding Opinions on Sentencing Procedures by People's Courts (trial)". But these are all the improvement of sentencing procedure and sentencing institution in the procuratorate system and court system, not considering the participation of other subjects of litigation. As the litigant of one party, the victims have direct interest on the processing result of the cases too. They are excluded and have no opportunity to participate in sentencing procedure, so it's difficult to express their opinions and objections on sentencing. In fact, the victims generally have no doubt on conviction, but often appeal or even appeal to the higher authorities for help because of their dissatisfaction with sentencing. Therefore, it can be said that the issue of sentencing is the major topic in China's criminal justice.Sentencing justice includes substantive justice of sentencing and procedural justice of sentencing. This article is investigating the issue of sentencing justice in the perspective of the victim. Firstly, by demarcating and analyzing the legal status of the victim's sentencing opinions in different periods, this paper holds the opinion that the status of the victim in sentencing has not been guaranteed. Secondly, by the foreign investigation of the relationship between the victim's opinions and sentencing, it study comparatively on the victim's opinions on sentencing among typically countries of the two legal systems and try to summarize the general discipline of sentencing reform to provide some valuable experience and implications of success for China's sentencing reform. Thirdly, by the demonstration of the value analysis and legitimate basis of the influence of the victim's opinions on sentencing, it consider that the participation of the victim in sentencing procedure and the expression of the victim's sentencing opinions is compatible with the principle of litigation, and can ensure the implementation of human rights and litigant status of the victim, and is also conducive to make the defendant repent actively. Finally, it propose a tentative institution of the influence of the victim's opinions on sentencing, and the ultimate goal of allowing the victim participate in sentencing procedure, issue sentencing opinions and partake in sentencing decision, is to achieve substantive justice of sentencing through procedural justice of sentencing. This is the significance of the discussion of the participation of the victim in sentencing.