Research On Victim Protection In The Leniency System Of Pleading Guilty And Accepting Punishment

The leniency system of pleading guilty and accepting punishment is the basic criminal procedure system in China,which purpose is to realizing the diversion of complicated and simple cases and saving litigation resources,and it has great practical value.In the operation of this system,the procuratorial organs lead the case procedures,and the prosecution and defense cooperate with public forces,but there is a neglect of the victims.As the direct victims of criminal acts,victims have legitimate demands and rights to know the information of the case,participate in the consultation process,and influence the outcome of sentencing.Refining victim protection mechanisms is of great significance to ensuring the legitimacy and maintaining the steady of the leniency system of pleading guilty and accepting punishment.The article is mainly divided into four parts:Through literature analysis,case studies,and big data empirical research,the first part introduces the general situation of victim protection in the leniency system of pleading guilty and accepting punishment,and explains the insufficient protection of victims’ procedural rights such as the right to know and the right to legal assistance,the insufficient participation of victims in sentencing consultations,and the insufficient impact on the outcome of consultations.The second part provides some reference for improving the victim protection mechanism in the leniency system by examining the victim protection mechanism in the extraterritorial criminal consultation system,taking into account its advanced experience in protecting victims’ procedural rights and procedural participation,and providing assistance services to victims.The third part reflects on the obstacles to the protection of victims from the perspective of the pursuit of efficiency values and the limited resources,and at the same time clarifies the positive significance of victims to the leniency system in many aspects,such as demonstrating legal fairness,respecting and protecting human rights,and coordinating fairness and efficiency values.In order to prevent litigation risks and eliminate the "worries" of the contentious procedures,it is indispensable to protect victims.The fourth part puts forward some suggestions to improve the victim protection mechanism in the leniency system of pleading guilty and accepting punishment which based on the above issues and theoretical analysis.First,adopt legislation to ensure victims’ right to know,clarifying the content and methods of victims’ knowledge;second,improve the victims’ legal aid system and include victims in the scope of assistance of duty lawyers;third,properly handle victims’ opinions,improve mechanisms for promoting victims’ forgiveness,and ensure victims’ effective participation in the procedure;finally,give victims the right to make sentencing recommendations independent of the procuratorial organs,allowing victims to moderately influence the outcome of consultations.