Research On The Protection Of Criminal Victims Claims

The plea system is not only a major change in China’s judicial system,it is also of great significance in improving the efficiency of litigation and protecting the rights and interests of the accused.However,due to a lack of legislation and overly general judicial interpretations,the protection of victims’ rights has been neglected,especially the lack of attention to the protection of the victim’s right to compensation,among many other rights.In reality,it is difficult for victims to obtain timely and effective compensation in cases where they have pleaded guilty to a fine.The effective protection of the victim’s right to compensation is not only necessary for the protection of human rights,but also a requirement for the original purpose of punishment and the adherence to the concept of restorative justice.This article analyses the protection of victims’ right to compensation from the perspective of the plea-bargaining system,and systematically composes the concepts of the plea-bargaining system and the right to compensation.Through the summary of the current situation of the victim’s right to compensation in practice in China,the shortcomings and deficiencies are found,and then the path to better protect the victim’s right to compensation in China is explored through detailed combing.In terms of guaranteeing the rights of victims to participate in the plea bargaining process,the author believes that victims can be given the right to express their objections and limited procedural options to ensure that their right to compensation can be realised.In terms of the interface between the plea system and the criminal reconciliation system,the author believes that in order to effectively link the two systems,the scope of application of the criminal reconciliation system can be expanded and the sentencing interface between the two systems can be strengthened in order to guarantee the realisation of the victim’s right to seek compensation.In terms of improving the criminal incidental civil litigation system,the author believes that this can be done by expanding the scope of compensation in criminal incidental civil litigation and improving the enforcement mechanism of compensation in criminal incidental civil litigation.In terms of improving the relevant supporting system,the author believes that this can be done by improving the legal aid system and the state aid system,so as to form a complete victim aid system,which can better protect the victims’ right to compensation.In this paper,we try to analyse and discuss this issue,hoping to contribute to the improvement of the mechanism for safeguarding the rights of victims,and to help victims to obtain positive and effective reparation in cases of guilty pleas.