Traditional judicial theories often regard the protection of the defendant’s rights as the core,despite previously overlooking the protection of victims’ rights,countries have started to acknowledge their significance due to the emergence of victim movements.Consequently,they have begun to reinforce victim protection in judicial practice,including the ongoing reform of the leniency system for pleading guilty,he reformers mainly focus on the goal of streamlining case procedures and improving the efficiency of court proceedings.However,in the context of avoiding wrongful convictions,the reform of the "trial-centered" litigation system tends to focus more on protecting the rights of the accused,leading to a neglect of the protection of the rights of victims.Although the law grants victims the status of "parties" in the judicial process,based on traditional notions of "crime as a violation of national interests," the notion of equal treatment between the prosecution and defense,and the neglect of sentencing issues in judicial practice,it is difficult for victims to effectively exercise their rights.In current research on the reform of the leniency system,theoretical and practical attention often focuses on the accuracy of sentencing proposals by the prosecution and the voluntariness of the accused’s guilty plea,while the issue of whether victims have the right and ability to independently express their sentencing opinions has not been systematically studied.In addition,current theoretical research also questions whether victims should enjoy the status of a party to the proceedings,and even suggests that the right of victims to express their opinions on sentencing should be abolished.This attitude further marginalizes the issue of victim rights protection.This article is divided into four chapters to thoroughly explore the issue at hand.The first chapter starts with the concepts and theoretical foundations,correctly defining the concept of victim participation in sentencing is the institutional starting point for discussing this issue,and through the delimitation of the connotations of "victim" and "participation in sentencing",it defines the scope of this study.It also explores the difference between the sentencing recommendations made by prosecutors and the sentencing opinions of victims,in order to correctly grasp the connotations and extensions of victim sentencing opinions.Secondly,in order to describe the legitimacy of victim participation in sentencing,the theoretical foundation is explored,discussing the value of victim participation in sentencing,such as the theory of conflict of litigation values,the theory of victim’s right to sue,and the theory of achieving the purpose of criminal litigation,to explicate the necessity of victim participation in sentencing.Chapter two compares the victim impact statement system in the Anglo-American legal system with the plea bargaining system in the continental legal system,and summarizes the experiences and proposes recommendations for reference.Chapter three focuses on analyzing the current situation and problems of victim participation in sentencing under the leniency system in China’s judicial practice,and points out the alienation caused by the lack of victim participation in sentencing.In the process of judicial practice,we have seen some problems and challenges,such as the marginalization of the victim’s status,the unclear path and unrealized rights of victim participation in sentencing,and the resulting abuse of rights and retaliatory behavior that urgently need to be addressed.The last chapter explores the institutional construction of the victim participation in sentencing procedure.This paper emphasizes the importance of institutional construction of the victim participation in sentencing procedure,including the choice of the trial structure of separating conviction and sentencing,giving clear rights to the victim,specifying the specific ways and impact of victim participation in sentencing,and also specifying the limitations of expanding the victim’s sentencing opinion rights.Finally,remedies for victim participation in sentencing are prescribed to effectively promote and implement victim participation in sentencing. |