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

The Research About Perfecting the Victim Participating in Death Trial Procedure

Author ZhaoYaNan
Tutor SongYingHui
School Yanshan University
Course Procedural Law
Keywords Victim Death penalty trial procedures Social Constructionism Psychology The participation of the victim party Psychological help
CLC D925.2
Type Master's thesis
Year 2010
Downloads 32
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The quality of the death penalty trial proceedings for the defendant and the victim , and the state has a very important significance , the traditional theory of criminal proceedings more vigilant about protecting the rights of defendants involved in the death penalty trial proceedings , in fact, killed the full participation of the parties to ensure the quality of death penalty cases , safeguard judicial authority equally important significance . However, the current definition of victims in criminal cases and litigation status procedural point of view of the ordinary trial of cases to be provided , this article specifically select the dual perspective of the killed and the death penalty trial proceedings , on the basis of the theory of the victims in criminal cases be treated differently death penalty trial procedures the victim side , and put forward the perfect victim participation by necessity and measures to improve . First of all, according to a death penalty trial its own particularity and protection of victims of perspective on the meaning and litigation status of the victim party to be defined , that death penalty cases, the victim party is different from the ordinary case the main body of the victims . Subsequently, it is pointed out that of the victim party involved in the death penalty trial procedures shortcomings unable to participate effectively sentencing , including the right to know and the right to legal aid provisions are not clear, the lack of psychological support , there is no independent right of appeal . Still retain the death penalty in the United States, Japan Criminal participation of victims in death penalty sentencing and trial experiences and practices , by comparison find the direction of China 's future development . Followed by social constructionist psychology , the concept of restorative justice and litigation to rationalize the structure of the three areas discussed perfect the theoretical basis of the victim parties involved in the death penalty trial procedures . Perfect victim to participate in the death penalty trial procedures is to release victim to revenge the mood and the prevention of crime psychological reconstruction process , procedural safeguards to implement the concept of restorative justice is to promote the Criminal structure necessary for the conversion from binary to ternary conditions . Solid theoretical foundation and the current status quo of China murder party involved in the death penalty trial procedures highlights the need to perfect victim to participate in the death penalty trial procedures . Finally , focus on perfecting the victim party involved in the death penalty sentencing for legal aid , the victim party 's right to know , psychological help and give it the right to appeal to the five aspects , and strive to be able to reach both to ensure the victim parties fully and effectively participate in the trial , but also will not break the prosecution and the defense target of proceedings equalizer boundaries .

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