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.

A Fourfold Defense of Marx's Theory of Justice

Marx＇s discussion of justice is accomplished through his critique of ＂political economy.＂ The premise of his argument is the elimination of private ownership; this is determined by his theoretical mission. The basic logic of Marx＇s theory of justice is that the relations of distribution are to be interpreted not through political and legal concepts of fairness and justice, but through the relations of production, and the relations of production are to be interpreted through productive labor. Only by starting with the critique of political economy can we truly grasp the crux of the desert theory of justice and the true nature of the issue of modern justice. The concept of justice in liberalism and other contemporary Western political philosophies is a lower-order concept, whereas Marx＇s concept of justice is a higher order concept with broader implications. Starting from ＂human society or socialized humanity,＂ this higher-order concept is founded on the organic social cooperation of ＂free men＂ and depicts the highest principle of justice possible for human society, a principle that is the result of the logical and historical self-sublation of all previous principles of justice throughout human history. In the course of building up the framework of contemporary China＇s justice theory, Marxism should not only play the part of a critic but should also be responsible for providing normative theories for real life.