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On the sentencing participation of victims

Author: ShaoWenJuan
Tutor: LiuGenJu
School: China University of Political Science
Course: Procedural Law
Keywords: Sentencing participation Victim Reconciliation Sentencing process
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 121
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Abstract


October 1, 2010, the National Court the full implementation of the sentencing reform pilot \In accordance with the instructions of the Supreme People's Court, the purpose of this reform is to standardize judicial practices, uniform law applicable standards, promote fair and honest administration of justice, to improve the credibility and authority of the Court. But, whatever the theoretical study of sentencing reform, or the practice of reform of the sentencing process, the main focus of reform is still on the procuratorial organs and the status and role of the defendant, and for the victims in this judicial reform roles and functions, few cares. Sentencing of victims the right to participate as an important program the right to participate, of great significance for improving the status of the victim's litigation, sentencing reform-the opportunity, I intend to discuss this issue from the following aspects: the first part is for the victim the concept of sentencing participation defined. Distinguished Criminology sense of victims, victim significance on the victims and the Code of Criminal Procedure sense of the difference between the victim and the need for the participation of victims in the sentencing described. The second part of this practice for the participation of victims in the sentencing extraterritorial investigation. Common law countries, victims often act in the proceedings is the role of the witness, but has a range of rights, you can fully participate in the sentencing process. In civil law countries, although some countries given the status of the parties, but overall speaking, the level of participation of victims in criminal proceedings is not high. Compared For Two Schools participation of victims in the sentencing practice, introduced for the sentencing of the participation of victims from the legislative, judicial practice, and difficult to participate in the sentencing analysis. The third part focused on the analysis of the feasibility of participation of victims in the sentencing. First of all, the participation of victims in the sentencing has a theoretical basis, mainly in the concept of rights, the concept of the protection of human rights and the concept of procedural justice; Second, the victim sentencing participate in its normative foundation and practical basis. The fourth part of how to participate in sentencing and how protection of the victims involved in the sentencing, some of their own views: some suggestions from the content, systems, procedures. The proposed construction of a litigation of the sentencing process, making the victim fully involved; for some minor criminal cases, application of criminal reconciliation in a timely manner, to the understanding of the victim and the accused, the victims involved; In addition, involved in the sentencing process, victims' rights have been violated, the right to legal assistance.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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