A Study On The Rights Of Victims Of The System Of Guilty Pleas And Punishments

It is an important task for China’s judicial system reform to carry out the system of leniency for pleading guilty.Since the implementation of the system,it has achieved remarkable results in promoting the separation of complicated and simple cases,improving the efficiency of criminal proceedings and optimizing the allocation of judicial resources,which proves that the establishment and implementation of the system is in line with the judicial needs and social reality of China.However,in the implementation and improvement of the system,an urgent problem is gradually exposed:the protection of the victim’s rights in the system of leniency of guilty plea has been seriously neglected.As far as the current situation is concerned,at the legislative level,the relevant norms for the protection of victims’ rights are not perfect.In the judicial level,the status of the victim’s party is ignored in the judicial work.As a victim directly infringed by the crime,the victim’s physical and mental health and property safety have been seriously infringed by the crime.After the crime,the victim must have the psychology of seeking to make up for the loss and punishing the victim.However,in the actual process of promoting the system of leniency for guilty plea,too much attention is paid to the guilty plea of the accused and the efficiency of case settlement,which makes the protection of the victim’s rights in both the standard level and the practice level insufficient.Therefore,the correct understanding of the rights of the victim in the system of leniency of confession and the improvement of the protection system of the victim’s rights are the problems that must be solved during the implementation of the system.Therefore,in the process of carrying out the system of leniency for guilty plea,we must pay due attention to the status and rights of the victim,strengthen the status of the victim’s party,let the trial result meet the reasonable expectation of the victim,and ensure judicial justice.In order to achieve this goal,on the one hand,it is necessary to strengthen the effective participation of the victim,ensure the full consultation between the victim and the accused on the compensation issue,strengthen the role of the victim’s understanding in the procedure,improve the legal aid system so that the victim can get effective legal help in the process of the procedure.On the other hand,the victim can be given the right to put forward sentencing suggestions independently,so as to clarify the effect of the expression of the victim’s opinions,ensure the smooth channels for the expression of opinions,and avoid neglecting the rights of the victim.At the same time,in the economic compensation,through the property identification mechanism,to ensure that the victim’s loss to get effective compensation.