The Rationale for Victims' Cooperation in Cases of Pleading Guilty and Accepting Punishment from the Perspective of Protecting the Right of Action

In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure Law.Victims deeply influenced by the concept of cooperative justice will also have an intention to cooperate,thus resulting in a rationale for victims’cooperation.Victims’cooperation features a subjectivity of interactivity,understanding,and constraint.This kind of cooperation faces the accused,the procuratorial organ,and the court.The jurisprudential function of the rationale for cooperation of victims is embodied in such aspects as recognizing the victims as eligible subjects,enhancing the legal force of the recognizance in a case of pleading guilty and accepting punishment,and consolidating the legitimate basis for victim to obtain legal assistance.Oriented to protecting right of action of the victim,understanding and developing the rationale for the cooperation of the victim can start by reaching a judicial consensus on the"two limits"principle,optimizing the right of action system for victims,achieving the interconnection of multi-level litigation systems,and improving the rules on lenient punishment to enrich the plan for protecting victims’right of action in cases of pleading guilty and accepting punishment.

The Application of Pareto's 80/20 Rule to Law: A Quantitative Analysis Based upon Trials Involving a Plea of Guilty

In the field of law, particularly in the area of legal proceedings and other types of dispute settlement, judicial organs can achieve the best allocation of judicial resources by summary handling of the simple cases, which are in the majority, and optimizing the complex ones, which are in the minority. Summary handling of the simple majority means reducing the marginal cost of judicial activities in accord with the principle of simplifying procedures but not rights while improving judicial effectiveness and promoting judicial justice in a way predicated on protecting the fundamental rights of legal actors. According to quantitative analysis based on trials in which the defendant entered a plea of guilty, there is still plenty of room to optimize the resource allocation mechanism in the field of criminal justice. Implementing the summary procedure confirmed in the 2012 Criminal Procedure Law requires that the judicial organs guarantee defendants who have pleaded guilty the right to a lawyer. It also requires the improvement of judicial efficiency at the stages of investigation, bringing a case, and trial. Only by doing so can we scientifically allocate criminal justice resources overall and effectively promote judicial justice.