The Study On Victim Participation In The Stage Of Review And Prosecution

The stage of review and prosecution is the middle link of criminal proceedings,and victims,as parties to criminal proceedings,should participate in this stage.But from the perspective of judicial practice,for a long time,the participation of victims in the stage of review and prosecution is difficult to match with the status of the party under legal provisions,then the stage of review and prosecution has become a weak stage in the participation of victims.Recently,in order to alleviate the problem of "few judges for many cases" brought about by the criminalization of criminal law,the leniency system of pleading guilty and accepting punishment is applied in the field of criminal proceedings,and it has played an important role in dividing complicated and simple cases,improving case-handling efficiency,and saving judicial resources.The system emphasizes consultation between the procuratorial organs and the defendants,although it has played a key role in simplifying procedures and improving efficiency,the value pursuit of litigation efficiency in the system also makes the participation of victims in the stage of review and prosecution more prominent.Based on this background,this article fully demonstrates the practical significance of the participation of victims in the stage of review and prosecution on the basis of re-examining the victim’s subjective status.And this article uses research methods such as literature investigation,empirical investigation and field research,sorts out the actual situation of victims’participation in the stage of review and prosecution as a whole from the angle of legislative norms and judicial practice,and summarizes the legislative obstacles and practical dilemmas encountered by victims in the process of participation.Attempting to promote effective,reasonable and proportionate participation of victims in the stage of review and prosecution,can not only highlight the requirements of criminal justice in pursuing fairness and justice,but also effectively reconcile the innate conflict between efficiency and fairness in procuratorial work.It can also resolve social contradictions,and maintain social stability.In addition to the introduction and conclusion,this article’s main structure is divided into four parts:Chapter I deals with the procedural status of victims and the practical significance of their participation.Firstly,this article clarifies the basic scope of victims discussed in this article,and reiterates the status of victims,which is the basis and basis for discussing the victim’s participation in the stage of review and prosecution.Secondly,this paper fully discusses the realistic significance of victim participation in the stage of review and prosecution.This article considers that the practical significance of ensuring the participation of victims in the stage of review and prosecution is outstanding.It is able to demonstrate fairness and justice in review of prosecutions,effectively resolve conflicts and disputes between litigation participants,better protect the litigation rights and interests of victims in the stage of review and prosecution.At the same time,the supervision role of the victims in the procuratorial work is played,and the external elements of supervising the exercise of the right to public prosecution are enriched.Chapter Ⅱ examines the current situation of victim participation in the stage of review and prosecution.At the legislative level,this article argues that victims’ participation in the review of prosecution activities has three salient characteristics:the relevant norms are scattered in spatial distribution,the types of procedural rights enjoyed by victims are relatively rich and the content of procedural rights has become more substantial.At the practical level,this article argues that the biggest feature of victims’ participation in the activities of review and prosecution is that it is led by the procuratorial organs.The scope of victim participation is relatively concentrated,and the degree of their participation is more obviously affected by the alleged crime in the case.In addition,the involvement of victims in non-prosecution cases is less.Chapter III is the examining of issue about the participation of victims in the stage of review and prosecution.Basing on a full examination of the current status of victims’participation in the review of prosecution activities,this chapter summarizes and sorts out the current problems existing in the legal provisions and judicial practice of victim participation,and has further dissected the causes of some of the key issues.Firstly,starting with legal norms,this article argues that the current legal safeguards for victims to participate in the activities of review and prosecution are inadequate.It is mainly reflected in the types of procedural rights that cannot fully meet the litigation needs of victims,the exercise of procedural rights is hindered by incomplete legal provisions,the lack of relief measures for victims’ participation and etc.Secondly,from the perspective of judicial practice,this article argues that the practical results of the victims participating in the review of prosecution activities are not good enough.On the one hand,due to the procuratorial organs ’ mechanical interpretation of legal provisions and excessive emphasis on social effects,the victim factor plays too large a role,which result in the victim’s "excessive" participation.On the other hand,in the process of handling cases,the procuratorial organs have alienated the victim’s status as the main body,stifled the victim’s exercise of procedural rights and etc,which result in the victim’s "marginalized" participation.Various problems prevent victims from participating reasonably,proportionately and effectively in the stage of review and prosecution.Chapter IV is a perfect approach to reviewing victims’ participation in the stage of review and prosecution.Mainly starting from the perspective of practical feasibility,this chapter puts forward targeted suggestions on how to better realize the participation of victims in the stage of review and prosecution.Combining with the dilemma of victims’ participation in the stage of review and prosecution,this article argues that relevant improvement measures should be formulated in five aspects:strengthening victims’ procedural rights,establishing and improving mechanisms for the exercise of procedural rights,optimizing the relief system for victims’ participation,exploring victims’ differentiated participation,and strengthening supervision of the public prosecution power.Specifically,firstly,in terms of strengthening litigation rights,this article argues that it is necessary to enrich the types of victims’ statutory procedural rights and optimize the relevant content of existing procedural rights.Secondly,in terms of establishing and improving the mechanismof exercising procedural rights,this article argues that the participation of victims mainly depends on their exercise of procedural rights.Therefore,mechanisms for the exercise of procedural rights should be constructed and improved in conjunction with the due procedural rights of victims,so as to promote the effective participation of victims in the stage of review and prosecution through the effective exercise of procedural rights.Thirdly,in terms of optimizing the relief system for victims’participation,this article argues that in addition to remedy the exercise of victims’ procedural rights,efforts should also be made from the aspect of judicial aid to provide necessary guarantees for the fundamental prerequisite for victims’ participation in the activities of review and prosecution--the "right tolive".Fourthly,in terms of exploring the differentiated participation of victims,this article argues that trying to realize the differentiated participation of victims in different cases through differentiated procedural design for the protection of victims’ procedural rights may effectively improve the problems of "excessive" and"marginalized" participation in practice.This article argues that after a case enters the stage of review and prosecution,it can be tried to distinguish it by means of dividing complexity and simplicity to provide a classification basis for differentiated program design.Then using the procuratorial organs’ protection of victims’ procedural rights as the carrier to carry out differentiated procedural design.Fifthly,in terms of strengthening the supervision of the public prosecution power,this article argues that the exercise of the public prosecution power plays a key role in the victim participation,and advocates that from the perspective of enriching the subject of supervision,we should promote the formation of internal and external supervision forces to form a joint force of restraint,and conduct more comprehensive supervision over the exercise of the public prosecution power in the stage of review and prosecution.Based on the above-mentioned multi-dimensional improvement suggestions,it may be possible to better improve the effectiveness,reasonableness and appropriateness of victims’ participation in the stage of review and prosecution.