The Research On Relatively Independent Sentencing Prcedures

In a society of modern legal system, determining a crime accurately and imposing sentence appropriately are two basic demands in the whole criminal administration of justice. As important as determining a crime, the research of sentencing procedure is also necessary and important. For China, a perfect sentencing procedure will take a great deal of benefits. The criminal judicature field of China has recognized the importance of punishment and sentencing procedure. Opinions on Several Problems of Standardizing Sentencing Procedure has been issued jointly by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and Justice Department, and was carried out throughout the nation in October 1,2010. The Opinions states that as people court conduct criminal cases, they should protect the independence of sentencing. However the Opinions is only a Judicial Interpretation and it could not be seen as law in order to keep the authority of the code. The Opinions, with its high generalization, has not specific and detailed implementation. As a result, this article describes the Sentencing procedure and the main contents of the Sentencing procedure in China.In the first chapter, the article introduces several fundamental theories as to the formation of sentencing procedure in our country. Firstly, the article aims to identify the definitions of sentencing and sentencing procedure, and generalize the characteristics of them. Secondly, it describes the effects and values of them, in which prevent the abuse of discretionary power by judges and secure the justice of sentencing procedure.In the second chapter, the present situation in sentencing procedure in China is analyzed. There is no exact procedure about sentencing. It's a vague room of the results of sentencing. The prosecutors have no specific rights to provide sentencing recommendation. And the lawyers'function can't bring into play effectively. The defendants have little chance toparticipate in sentencing procedure. No pre-sentencing investigation and no sufficient sentencing reasons are made and disclosed.In the third chapter, the article elaborates the fundamental theories of the relatively indepedent Sentencing procedure. Fi rstly, two principles should be established in sentencing procedure.We should pay moer attention to determining a crime and imposing sentence. We should emphasis both on substantive law and procedural law. And different crime procedure should have different sentencing procedure.In the forth chapter, the article elaborates the main contents of the Sentencing procedure in China. It introduces crime measurement pleading, sentencing suggestion and so on.