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Research On The Protection Of Victims’ Rights And Interests In The Leniency System For Admission Of Guilt And Accepting Punishment

Posted on:2023-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:F B JiangFull Text:PDF
GTID:2556307079487754Subject:legal
Abstract/Summary:PDF Full Text Request
China is in an important period of economic transformation,with the adjustment of the development model,criminal cases,especially misdemeanor cases occur frequently,China’s judicial team is facing the limitation of posts,making the limited judicial resources more scarce,in this case came into being the plea leniency system is undoubtedly a big step forward in the development of China’s criminal procedure system,can effectively divert criminal cases from complexity and simplicity,improve litigation efficiency,alleviate the shortage of judicial resources,and effectively maintain social order and stability.However,the attention to the subject is mainly focused on the prosecution and the pro-curatorial organs,in the construction of the plea leniency system,more provisions have been made for the protection of the rights and relevant obligations of the prosecuted person,and the victim of the other party to the case is on the fringe of the plea leniency system,and the provisions on protecting their procedural rights are fewer and more abstract than those of the prosecuted person,so in the application of the plea procedure,there is often a phenomenon of ineffective protection of the rights of the victim.In the plea leniency system,the main body status of the victim’s parties is not obvious,and when choosing which procedure,the victim is often in a state of passive acceptance of the choice result,resulting in insufficient participation of the victim in the litigation procedure,and the victim’s inability to have an impact on the key link of sentencing,affecting the expression of the victim’s true opinion.At present,due to the imperfection of the remedies channels for victims in the plea leniency system,it is also easy to have situations where victims have no way to seek help when they are dissatisfied with the first-instance judgment.Therefore,in view of the above problems,combined with the enlightenment of the relevant extraterritorial system,in the follow-up improvement of the plea leniency system,the subject status of the victims should be confirmed,the participation of the victims in the litigation procedures should be enhanced,to ensure that the victims can promptly obtain relevant information in the plea procedures,express their opinions on sentencing,improve the channels for victims’ rights and remedies,ensure that victims can obtain corresponding compensation according to their own damaged situation,restore the victims’ damaged rights and interests,and ultimately repair the damaged social relations.
Keywords/Search Tags:Leniency in admitting guilt and accepting punishment, Criminal victims, Suggestion right to sentencing
PDF Full Text Request
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