Research On The Protection Of Victims' Rights In The System Of Confession And Lenienc

In 2018,the Criminal Procedure Law was amended again,one of the important contents of which is to summarize the experience of the pilot system of leniency of guilty plea and expediting procedures.The system of leniency of guilty plea was formally written into the basic laws of the state in the form of legislation,and became an important system of criminal procedure in China.As an important exploration of consultative justice,the leniency system of guilty plea and punishment cannot ignore the rights of the victim while protecting the rights of the accused.In practice,the rights of victims are often violated without relief.The purpose of this study is to explore the realization of the rights of victims in the leniency system of confession and punishment,including the protection of procedural rights and the enjoyment of substantive rights,so as to further improve the relief methods of victims’ rights and protect the rights of victims to a greater extent.This paper mainly includes five parts.The first part,through the analysis of research background and research status,discusses the research significance,research objectives and research methods of victim rights protection in the system of leniency of confession and punishment.The second part is an overview of the protection of the rights of the victim,including the legal origin of the rights of the victim in the leniency system of guilty plea,the types of the rights of the victim and the significance of the protection of the rights of the victim.The third part is the research of the victim’s rights protection pattern in practice,through the China Judicial Documents network,collected the relevant cases,listed the victim’s rights protection practice results,obtained the victim’s rights protection experience enlightenment.The fourth part is an analysis of the protection of the rights of victims.The main problems include the legislation to be improved,the lack of a differentiated protection mechanism for the rights of victims,the judicial practice experience to be formed in judicial documents,or the neglect of the rights of victims in the compliance of enterprises,and the causes of the problems.In terms of theory,there are no special provisions in legislation,no judicial protection,and academic achievements have not been implemented into specific norms.In terms of practice,affected by the conflict of the system itself,it is difficult for the judicial experience of different regions to form unified and standardized judicial documents.The fifth part is the suggestions on the protection of the rights of victims,including the improvement of the criminal procedure code,legal aid law,lawyer law,financial and personal abuse,felony and misdemeanor and the number of victims,cooperation between judicial organs and the protection of the rights of the victim in enterprise compliance,etc.Through five aspects of discussion,the conclusion of this paper is that in the system of leniency in guilty plea,the protection of victims’ rights needs to be further improved legislation,timely consolidation of judicial experience in the form of judicial documents,and explore the victim discrimination protection mechanism,especially pay attention to the protection of the rights of special victims,so that the system of leniency in guilty plea can take into account the interests of all parties and achieve multiple goals.Further exert its function and role in saving judicial resources,improving litigation efficiency and protecting rights.