Study On The Protection Of Victim Rights In Pre-trial Procedure ——Takes The Application Of Confession Punishment In G County,Guizhou Province As An Example

Legal reform is the product of value weighing.The new Criminal Procedure Law in 2018 added the system of leniency for guilty plea,which is the embodiment of value balance.The application purpose of the system of leniency for pleading guilty plea is to realize diverting procedures,improve the efficiency of handling cases and save judicial resources.The application way of the system of leniency for guilty plea is to focus on judicial resources and procedures on felony and complicated cases through the way of "emphasizing heavy and simple",while for cases with misdemeanor and clear facts,it mainly is to simplify litigation procedures and improve the efficiency of handling cases.From the logic of the system of the legislative purpose is very in line with our country today "less" national conditions,but in the pretrial procedure,although the system played the role of simplifying procedures,improve efficiency,but also caused in the process of the case of the victim to participate in the protection of rights is not enough.The simplification of the pre-trial procedure in the cases of guilty plea increasingly weakens the role of the victim in the procedure operation.Whether the lenient punishment system and which procedure applies depends on the consultation between the investigation organs,the public prosecution organs and the criminal suspects,leaving less and less room for the victim to play a role.In addition,in terms of the extent of leniency in the pre-trial procedure,the public prosecution has been given the discretion of sentencing recommendations,which has an important impact on the outcome of the case.Under the construction of this system,the role of the victim as the party in the process of criminal proceedings is often ignored.Based on this,the author in Guizhou G county,for example,using the literature research method,empirical investigation method,field interview of grassroots investigation organs,public prosecution in the case of the victim rights protection,by collecting G county guilty case the victim in the investigation stage,review prosecution stage program involved in materials and data,analyze the specific problems existing in judicial practice,and the perfection of the victim rights protection in the pre-trial procedure.This part is divided into four parts:The first part: Introduction.It mainly introduces that the establishment of the confession system is of great significance to saving judicial resources and protect the rights and interests of suspects and defendants.It puts the protection of suspects and defendants in the first place,but the protection of the rights of victims is not perfect.In the pre-trial procedure,the procedural participation norms about the victims are limited to listening to opinions,promoting reconciliation and understanding,and handling objections,and the norms are not detailed and perfect enough.In addition,it points out the problems existing in the victims ’right to know,right to express opinions,litigation right relief and judicial assistance in the pre-trial procedure of guilty plea cases,in order to put forward feasible suggestions on the protection of victims’ rights in the pre-trial procedure of guilty plea punishment cases.The second part: Investigation of G County People’s Procuratorate.Since the People’s Procuratorate of G County applied the guilty plea punishment system,it has the characteristics of large number of cases,high application rate and rich experience in handling cases,and is representative among the grass-roots people’s procuratorates.The author collected the data on the victim’s procedural participation in the pre-trial procedure of G County through empirical analysis method and field interview method,so as to understand the practical status of grass-roots investigation organs and public prosecution organs in the protection of victims’ rights.The third part: analyzes the victim protection problem in the pretrial procedure of the confession case in G County.The author classifies the data collected according to different case types and the protection of the participation rights of different procedures,summarizes and analyzes the specific problems of the protection in the judicial practice of the pre-trial procedure in four aspects: the victim’s right to know is not fully guaranteed;the right to express opinions is increasingly marginalized;the protection of victims in the case.The fourth part: Suggestions on the protection of victims’ rights in the pretrial procedure of guilty plea cases.Through the data analysis of the rights protection of the victims in the pretrial procedure of confession cases in G County,the author summed up the perfect suggestions to strengthen the comprehensive protection of the right to know;to maintain the reasonable right of the victims,to strengthen the rights protection of the victims of special cases,and to improve the relief guarantee mechanism of the victims.Thus,the legal rights of the victim in the pretrial procedure of guilty plea cases are substantially protected.