The Multi-participation Of Sentencing Procedures

Conviction and sentencing are core issues in criminal procedure. A Long time, the conviction procedure integrates the sentencing procedure closely, and the sentencing procedure is attached to the conviction. 2010, Supreme People's Court , Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security and Ministry of Justice issued a " the views on number of issues about regulating the sentencing procedure (Trial)", it established a "relatively independent sentencing procedure". However, in my opinion, only the sentencing procedure and the conviction are completely separated, on this basis, the defense , the prosecution and the victim are effective interaction ,then itmay maintain procedural justice and just sentence.This article is divided into five parts, which discusses some basic issues on multi-participation in sentencing procedure.The first part is the introduction, through the narration about the reform process of sentencing procedure in recent years and the assessment of the current sentencing procedure, it describes the reasons why the sentencing procedure and the conviction are completely separated process and the importance and necessity of Multi-participation.The second part is about sentencing suggestion, firstly, it clarifies the rationality and legality on prosecutors'right to exercise sentencing suggestion in China, then depended on the sentencing suggestion of The Comparative Law, it discusses concrete construction of our sentencing suggestion system.The third part is about sentencing defense, it describes the development of sentencing defense in extraterritorial areas and our country, after that, it focuses on discussing the content of sentencing defense in our country, how to improve the mandatory defense system, and how to improve the quality of the defense, in order to fully protect the legitimate rights and interests of the accused.The fourth part is about victim impact statement, it simply introduces the development process of victim impact statement system, demonstrates the necessity of victims'participation in the sentencing procedure and especially emphasizes some problems we should pay attention to in the process of listening to victim's statement, in view of the particularity of the identity of victims.The fifth part is about related measures, it mainly discusses three problems about establishing the discovery system ,creating sentencing guidelines system and improving evidence reasoning system. Only by establishing or improving related measures and systems that the operation of sentencing procedures needs in reality, it can guarantee the effective operation of the sentencing procedure.