Font Size: a A A

Research On The Protection System Of Victims’ Rights In The Case Of Leniency On Admission Of Guilt And Acceptance Of Punishment

Posted on:2023-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:B B LiuFull Text:PDF
GTID:2556306833961719Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The application of the case of leniency on admission of guilt and acceptance of punishment is an important system in the reform of China’s judicial system.We adhere to the system as the center,and widely apply the case of leniency on admission of guilt and acceptance of punishment in practice,which has played an important role in diverting the complexity of cases and improving efficiency.Since the pilot implementation,practical experience has proved that the case of leniency on admission of guilt and acceptance of punishment is in line with China’s national conditions and the actual judicial needs.However,while affirming the great role of the case of leniency on admission of guilt and acceptance of punishment,we should also see the shortcomings of the case of leniency on admission of guilt and acceptance of punishment,especially in the protection of victims’ rights.At present,there are still many gaps in legal norms in the protection of victims’ rights as parties to the case.Therefore,in order to promote the improvement and development of the case of leniency on admission of guilt and acceptance of punishment,it is necessary to strengthen the discussion on the protection of the rights of victims,so as to form a standardized and institutionalized system for the protection of the rights of victims.In view of this,this paper studies the protection of victims’ rights in the case of leniency on admission of guilt and acceptance of punishment.Based on the theory on which the victim’s rights are protected in the case of leniency on admission of guilt and acceptance of punishment in China,and through understanding the current situation of the victim’s rights protection in different levels of theory and practice in China,this paper finds that there are some problems in the victim’s rights protection in the case of leniency on admission of guilt and acceptance of punishment,such as the general legal norms,the small number,the victim’s right to know,the right to participate in sentencing,the right to express opinions,and the right to obtain legal help There is a lack of guarantee of access to relief.Combined with the relevant foreign systems and summed up the experience,the author believes that it is necessary to improve the relevant legal provisions,pay attention to the subject status of the victims,and make it clear that the victims should enjoy the basic rights of knowing,expressing opinions and participating in sentencing according to law.At the same time,we should give the victims corresponding legal help,reasonably regulate the exercise of their rights,refine various measures to protect the rights of victims,and form a normative system to protect the rights of victims.It is hoped that these suggestions can provide some substantive help for the realization of the protection of victims’ rights in the case of leniency on admission of guilt and acceptance of punishment.
Keywords/Search Tags:leniency on admission of guilt and acceptance of punishment, victims, right, relief
PDF Full Text Request
Related items