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

On the victims' rights in the plea bargaining

Author ShaoMingWei
Tutor WangChangShui
School Zhengzhou University
Course Procedural Law
Keywords Plea Bargaining Victim Protection of the rights Purpose of criminal proceedings
CLC D925.2
Type Master's thesis
Year 2009
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Plea bargaining originated in the United States , reflects the new idea of a solution to deal with the issue of criminal proceedings . In modern criminal procedure generally inadequate protection of the rights of the victims , plea bargaining on the rights of victims to protect even more weak , ignored the plea bargaining rights of victims will not be able to comprehensive safeguard the procedural rights of the victim . Plea bargaining as the main power Procuratorate Court and as the subject of rights between the defendant and the victim mutual supervision and regulation is necessary , but as the main body of the traditional plea bargain , the prosecutor and the defendant is often based on the interests of victims as transactions one of the chips , but the prosecution or trial are not always representative of the interests of victims , so ignore the participation of victims in the importance of plea bargaining is not just damage substantive justice , but also highlights the prosecution seems to take the victim's in exchange for the benefit of the national interest , so that the protection of the rights of victims amounted to less than a full state , not only of procedural justice and substantive justice can not be achieved , but also to the heart of the victims can not be accepted and recognized countries give relief to allow victims own feeling that the reflect deterioration in continuing a \National protection and prosecution how powerful and perfect , no victim sensitive to the case directly , to allow victims to participate more fully to the proceedings and plea bargaining is more conducive to grasp and measure trade-offs of their own interests , but also more conducive to the heart, emotion and emotional balance , but also give the defendant an invisible pressure , so that it was taken in the heart of this pressure better and more sincere into a plea bargain . Therefore, I intend to start from the traditional plea bargaining , to explore how to better protect the rights of victims , victims' rights in the context of plea bargaining to find a better breakthrough and solutions , in order to facilitate criminal proceedings goal to achieve better .

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