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Journal of Humanities, Arts and Social Science

ISSN Print: 2576-0556 Downloads: 356430 Total View: 2999209
Frequency: monthly ISSN Online: 2576-0548 CODEN: JHASAY
Email: jhass@hillpublisher.com
Article http://dx.doi.org/10.26855/jhass.2023.01.027

Research on the Protection of Victims’ Rights in the Chinese Plea Leniency System of Confession and Punishment

Junyi Zheng

University of Sheffield, S10 2TN, Sheffield, UK.

*Corresponding author: Junyi Zheng

Published: February 10,2023

Abstract

Since the plea leniency system was formally established in China in October 2018, it has greatly improved the efficiency of China's criminal proceedings and optimized the allocation of China's judicial resource. However, the protection of victims' rights in the legislative text and judicial practice is obviously insufficient. In order to further promote the wider application of the plea leniency system, strengthening the protection of victims' rights is a key concern for system reform. As the theoretical basis for the guarantee of victims' rights, the theory of restorative justice, the theory of procedural justice, and the theory of human rights guarantee have constructed strong support for the guarantee of victims' rights in the plea-bargaining system. This paper further explores the idea of system optimization through the analysis of the current situation and dilemma of victims' rights protection in China. Finally, it is concluded that the system can be optimized in terms of clarifying the victim's right to information, giving the victim a limited right to a sentencing recommendation, and guaranteeing the victim's right to legal assistance.

References

Beccaria, C. (1983). An essay on crimes and punishments. Place of publication not identified: Branden Press.

Bibas, S. (2012). The machinery of criminal justice. Oxford: Oxford University Press.

Bosma Alice K., Groenhuijsen Marc S., & de Vries Max. (2021). Victims’ participation rights in the post-sentencing phase: The Netherlands in comparative perspective. New Journal of European Criminal Law, (12), 128-145.

Chen, W. (2016). Research on Plea Leniency System. China Legal Science, (2), 48-64.

Damaška, M.R. & Fisher, S. (1986). The faces of justice and state authority: a comparative approach to the legal process. New Haven: Yale University Press.

Li, E. (2022). Chinese Courts’ New Plea Leniency System: Scrutinizing the Efficacy of Mandatory Defense Counsel. The China journal (Canberra, A.C.T.), (88), 78-99.

Li, E. (2022). Haste Makes Waste: Why China's New Plea Leniency System is Doomed to Fail’. Asian journal of comparative law, 17(1), 76-105.

Sarkin, J.J. (2021). Promoting the Rights of Victims in Under-Resourced Places by Using Science and Technology That Can be Used by Ordinary People, to Deal with Human Rights Violations: Bolstering the Right to the Truth. The Liverpool law review, (42), 339-360. 

Wu, Y. (2020). On the effect of the Chinese version of speedy trial and Plea bargaining pilot programs: observation from DUI cases in Fujian Province. Crime, law, and social change, (74), 457-484.

How to cite this paper

Research on the Protection of Victims' Rights in the Chinese Plea Leniency System of Confession and Punishment

How to cite this paper: Junyi Zheng. (2023) Research on the Protection of Victims' Rights in the Chinese Plea Leniency System of Confession and Punishment. Journal of Humanities, Arts and Social Science7(1), 187-190.

DOI: https://dx.doi.org/10.26855/jhass.2023.01.027