Research On Victims’ Rights In The Leniency System Of Pleading Guilty And Accepting Penalty

The plea system should be understood and applied from a higher political standpoint and perspective,and the rights of the victim should be taken into account while the rights of the defendant are not adequately protected,and the rights of the victim should be taken seriously.In the application of the plea leniency system,if it is only for the purpose of improving efficiency and bringing the case to an end as soon as possible,the legal and social effects of its application are self-evident,and the victim,as the victim to whom the crime is directly directed,has the reason and the right to participate in the sentencing process and to exercise the various legal rights.This article takes the protection of victim’s rights in the leniency system of plea bargaining as a perspective,from the specific provisions at the level of pilot legislation to the practical operation at the level of judicial practice,and focuses on analyzing the current situation and problems related to the protection of victim’s rights in the application of the leniency system of plea bargaining in China,exploring the specific aspects of the implementation of the system that are insufficient to protect the rights of victims,and at the same time,through the study of the relevant systems in major representative foreign In addition,by studying the relevant systems in major representative countries abroad and drawing inspiration from them,we put forward relevant recommendations to address the problems in the protection of victims’ rights,so as to facilitate the good operation of the leniency system for plea bargaining.In the future,the rights of victims in the application of the leniency system should be clarified,the mechanism for expressing the views of victims should be standardized,and a system of state compensation for victims should be established to protect the rights of victims.The structure of this article is mainly based on three parts: the introduction,the body and the conclusion.The first chapter starts from the concept of victim rights protection in the plea leniency system,and discusses the practical significance of victim rights protection in the application of the plea leniency system;the second chapter is based on the current situation of victim rights protection in the plea leniency system,from both theoretical and empirical perspectives,the victim rights protection issues highlighted in the operation of the system,and explains the causes of the problems,from the concept of the system to the legislative level to the level of judicial practice;the third chapter compares the content of victim rights protection in similar systems in major representative countries abroad,and draws inspiration from them;the fourth chapter starts from specific improvement measures.The fourth chapter elaborates on the improvement paths for the protection of victim’s rights in the plea-bargaining system from the perspective of specific improvement measures,one is to clarify the bottom-line rights of victim’s participation in the plea-bargaining system,the second is to regulate the sentencing opinions of victims,the third is to establish a state compensation mechanism for victims,and the fourth is to ensure victim’s effective participation in the sentencing negotiation process.