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自从国家代替私人成为控诉犯罪的主要承担者以来,被害人地位越发渺小,在刑事诉讼中多承担控方证人的角色,成为控方指控犯罪的工具,其独立的司法诉求往往处于被漠视的境地。因此,建立被害人有效参与的量刑程序,对于保障被害人诉讼地位,构建平衡的刑事诉讼模式,实现量刑的程序公正,提高对司法判决的认同感方面具有一定的实际意义。
Since the state took the place of private individuals to become the main undertakers of prosecution of crimes, the status of the victims becomes more and more insignificant. In the criminal procedure, they assume more the role of prosecutorial witnesses and become the tools accused of committing crimes. Their independent judicial appeal is often ignored. Therefore, setting up the procedure of sentencing with the effective participation of victims has some practical significance for guaranteeing the status of victims’ litigation, building a balanced criminal procedure model, realizing the procedure of sentencing and improving the sense of identity of judicial decisions.