Study On The Sentencing Procedure Reform Of China

Sentencing procedures is the sentencing methods and working procedures that to regulate the activities of the people's court sentencing, achieve the justice of the sentencing to the offenders and meet the requirement of community for openand impartial penalty process.Sentencing procedures is different from the conviction procedures, at the same time, sentencing procedures is a an important part of the criminal trial, which is linked to the conviction and execution process intrinsically. Sentencing procedures imply a great significance to the criminal judicatory justice,which is a process to achieve justice penalty by a "watched" way,put discretionary power of the judge under restraint, enhance the acceptability of the results of the administration of justice. But traditional criminal trial system of our countey doesn't include sentencing procedure,and,in practice of our court didn't seem to attach any importance to sentencing compared with conviction,sentencing became to be a "office work" to our judge. The sentencing procedures builded by for the Supreme Court of our country have great significance to achieve the justice of sentencing and the justice of procedure, reflects the correct value and direction of judicial power,and also reflect the progress of ruling by law of our country. But to our judicial status,the value of the judicial procedures puesued is inclined to efficiency which ie annexated on other social functions compare with justice .so sentencing procedure builded by Superme court may not be able to achieve the functions of the pursuit of justice value. Compared to the Supreme Court, sentencing reform guiding document by district court is more comprehensive, systematic, and more operational. But they face the same program with the Supreme Court, that is, advancing the sentencing procedure in the situation of the defendant doesn't peccavi violate principle of presumption of innocence,and also bring the plight to criminal defense. To address this problem, there was an "isolated relatively independent" mode in practice, which provide a more ideal solution that doesn't waste scarce judicial resources and doesn't affect the effectiveness of the proceedings to a case.Evidence system is particularly important sentencing in a specific sentencing judge process. there is great controversy on objective evidence standard of our country named "The facts are clear, the evidence is reliable and sufficient". But because the current stage of the criminal trial practice, the evidence standard still have space to aplly. The reason is not only because our courts have set a recognized standards to it, in but also because the penalty for our purpose of retribution required due to the accuracy of sentence. At present, the powers of investigating is still too large,and ivestigators using illegal means to obtain evidence that violate civil rights is still the possibility exist in more cases. Do not exclude application of illegal evidence in the sentencing will be bound to indulge the powers of investigation.the range of sentencing evidence still should exclude illegal evidence.Sentencing procedures follow the principle of maximum information, it will highlight the importance of the sentencing investigation report. So we can choose to establish a specialized institutions for sentencing investigation, or set a judge who is not responsible for the traditional business but is responsible for sentencing investigation,and the Supreme Court will produce a standard report format to uniform the application of sentencing investigation report. To avoid abuse of the right, bring the error correction function of appeal and retrial into play, we should improve the appeal and retrial program to relief sentencing injustice. But not all of the sentencing should adhere to a comprehensive review of appeal casess and be retrial. Sentencing error can be considered to several levels to deal with.