| The full participation of victims is an important element in the implementation of the cooperative justice concept in the plea leniency system,which is of positive significance in strengthening human rights protection and promoting the resolution of conflicts.However,there still exist difficulties in balancing the dualistic value of the plea leniency system and the protection of victims’ rights.And the value of "highlighting the priority of efficiency,taking the bottom line of justice into account " has a great impact on the protection of victims’ rights in litigation.Practice shows that the limited participation in the procedure and indirect participation in the sentencing proposal process makes the victim and the legal status of the parties do not match,and at the same time bringing the victim’s legitimate claims are ignored,insufficient participation in litigation,the alienation of the criminal reconciliation process and the public security judicial organs frequently cause victims dissatisfaction and other problems,the protection of rights is suspected of being a formality.Therefore,the solution to the system in the process of reasonable embedded in the protection of the rights of victims has become a major difficulty.In view of this,this paper examines the institutional and judicial practice of the leniency of plea bargaining in China,using empirical research,legal argumentation and comparative research methods,and analyzes the problematic aspects of the protection of victims’ rights in the context of the leniency of plea bargaining through the combing of relevant legal norms and the statistical analysis of 1000 plea bargaining cases.In the meantime,we will study similar systems in the two major legal systems and gain experience in the relevant legislative,so as to find the solution to improve the system in China.The first is to clarify the status of the victim as a subject of litigation,and to guarantee the victim’s right to know,the right to express opinions and the right to relief so that the victim can enjoy adequate expression of rights;the second is to refine the victim’s rights in litigation,and to construct a sentencing procedure with the participation of the victim by giving the victim the right to opinion,the right to object and the right to counsel.The third is to improve the supporting system,and to protect the interests of victims in the process of application of the two systems by improving the interface between the plea system and the supporting system. |
