论认罪认罚从宽制度下被害人权益保障

On the Protection of the Rights and Interests of the Victims under the Leniency System of Confession and Punishment

认罪认罚从宽制度自试点伊始,大多围绕犯罪嫌疑人、被告人的权益保障问题展开探究,与之相对应的被害人权益保障问题却受到忽视。在适用认罪认罚从宽制度过程中,被害人的诉讼地位没有明确,合法权益保障不力,权利救济的渠道较窄。因此,明晰被害人在该制度适用中的诉讼地位及诉讼权利,依法保障被害人的知情权与量刑参与权,确立被害人的法律帮助权,赋予被害人上诉权,是依法保障被害人合法权益的理性选择。

Since the beginning of the trial,the system of plea guilty and punishing leniency has mostly focused on the protection of the rights of criminal suspects and defendants,but the corresponding protection of the rights of victims has been neglected.In the process of applying the leniency system for confessing guilt and punishing,the victim’s litigation status was not clear,the legal rights and interests were not well protected,and the channels for rights relief were narrow.Therefore,clarifying the victim's litigation status and litigation rights in the application of this system,protecting the victim's right to know and participating in sentencing according to law,establishing the victim’s right to legal assistance,and granting the victim the right to appeal are a rational choice to protect the legal rights and interests of the victim in accordance with the law.