论量刑程序改革中的被害人权利

The Victims' Right in the Reformation of the Procedure of Weighing the Penalty

2009年量刑程序改革正式启动,从目前量刑指导文件和各地实践来看,被害人参与量刑程序尚未引起足够重视。对此,应当明确被害人参与量刑程序的必要性,赋予其量刑程序中的知情权和量刑建议权,以实现建立公开、公正量刑程序之目标。

The reformation of the procedure of weighing the penalty was put into practice in 2009.According to the guidance paper and the condition in the testing area,it can be seen that the victims＇ right and position were ignored in this reformation.It should be seen clearly about the necessity and measures of insure the victims＇ right of participation,and should be given the rights to know and suggest about the procedure of weighing the penalty which is the only way to make an open and fair procedure of weighing the penalty.