Research On The Relative Independence Of The Sentence Procedure In China

Conviction and Sentence are two important tasks in the whole criminal procedure of justice. The sentence procedure is mixed into the conviction procedure on the influence of the "focus on conviction, Neglect sentence" traditional ideology, and the sentence is solved when the conviction is solved, Sentence is just subordinations to Conviction in trial. Based on the difference the task, trial basis, and the applicable rules of evidence between Sentence and Conviction in the trial, the sentence procedure should not be mixed into the conviction procedure. Namely, the relative independence of sentence procedure is ignored or rejected in the Criminal Procedure of our Country. To solve the problems in practice, Supreme People's Court bring forward a motion "establish and improve the relative independent sentence procedure". The sentence procedure'relative independence is effective to carry out the sentence justice. This article, which is about 30,000 words in total, illustrates the relative independence of the sentence procedure in detail, divided into three parts: the foreword, the main body, and the conclusion, and the main body can be divided into five chapters as follows:Chapter one is the content of the relative independence of the sentence procedure. This chapter states the meaning and specific expression of the sentence procedure's relative independence, and the theoretical basis for it. Chapter two is about the relative independence of the sentence Procedure of the two legal families. Firstly this chapter introduces the sentence procedure of the common law countries; Secondly it states the sentence procedure of civil law countries and the trend; Finally In contrast of the two legal sentence procedures.Chapter three is the situation of sentence Procedure in our country at present. Firstly this chapter introduces the problem for the lack of the sentence procedure's relative independence; Secondly it states the reasons of the lack of the sentence procedure's relative independence; Finally it is about the performance of the sentence procedure's relative independence in the reform.Chapter four is the theoretical Analysis about the relative independence of our sentence procedure. First, whether or not is it necessary to make the sentence procedure independent of the conviction in our Country; Secondly, it is about the "sentence procedure is completely independent or relatively independent" of the issue, Supreme People's Court selected the relatively independent of the sentence procedure; Finally demonstrates why the relatively independent of the sentence procedure is chosen.Chapter five is the reform ideas and initiatives about the relative independence of the sentence procedure. In the reform of the sentence procedure, we should insist on "Sentence is as important as Conviction" and "the balance between Justice and efficiency". To avoid the relative independent sentence procedure being alienated in practice, it is necessary to take some measures to strengthen the relative independence of the sentence procedure, and to play its due role in practice.