Author(s)

Li Zongqi ^1,2

Affiliation(s)

¹ Universiti Kebangsaan Malaysia, Jalan Raja Muda Abdul Aziz, Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, 50300, Malaysia
² Department of Law, Main University, UKM Bangi Selangor, 43600, Malaysia

Corresponding Author

Li Zongqi

ABSTRACT

The understanding and implementation of the Leniency for Confession and Plea System should be aligned with the practical realities of the judicial process. While the law ensures that the rights of defendants are sufficiently safeguarded, it must also pay heed to the protection of victims' rights. In the application of this leniency system, victims, as the direct sufferers of criminal acts, have both the reason and the right to participate in the sentencing process, exercising their legitimate rights. If the system is used merely to enhance efficiency and expedite case closure, the implications, both legal and societal, are evident. This paper examines the protection of victims' rights within the Leniency for Confession and Plea System from the perspective of legislative provisions and practical operations. It analyzes the current state of legislation and practice in China concerning the protection of victims' rights under this system, identifies existing issues, and explores the specific shortcomings in the implementation process. Furthermore, by studying and reflecting on the plea bargaining systems primarily represented by the United States, it offers suggestions for improvement in line with the development of our own system. These recommendations aim to promote the healthy operation of the Leniency for Confession and Plea System. By defining the baseline rights of victims within the application of this system, standardizing mechanisms for expressing victims' opinions, establishing a compensation system for victims, and enhancing mechanisms for protecting victims' interests, we can work towards a more equitable and just legal framework.

KEYWORDS

Victims' rights guarantees; plea bargaining system; United States plea bargaining system; sentencing negotiations

CITE THIS PAPER

Li Zongqi. Protection of victims' rights in the system of leniency of guilty pleas and penalties in criminal proceedings in China. Science of Law Journal (2024) Vol. 3: 100-110. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030713.

REFERENCES

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