"Three Tone Interaction" Of The Working Mechanism

Conviction and sentencing in criminal proceedings in two important aspects, so the process of sentencing and sentencing issues are equally important with the conviction. Sentencing procedure is followed in solving the problem of a defendant convicted by the judiciary in the effective participation of litigants to resolve the problem by sentencing the defendant procedures to be followed. Sentencing process is to achieve perfect justice sentence premise. Only in the open, under the premise of equality, so that participants in the proceedings to participate effectively and influence the sentencing judge of evidence, conclusions drawn from sentencing justice is consistent with the requirements of sentencing, but also in order for the parties are convinced. On the contrary, even if the conviction is accurate, appropriate sentencing, the parties can not personally aware of the production process of sentencing conclusions, conclusions can not understand the rationale and justification for sentencing, the judge will inevitably judge the fairness of reasonable doubt. In China, the sentencing procedure legislation also is almost a blank, so-called "court" is mainly to solve the problem of conviction, sentencing issues be resolved in the process to become a vassal of conviction. Judicial practice, there is no specific stage of the proceedings and procedures to address the sentencing issue, not only the judiciary can not reflect the open, just, fair and other characteristics, and thus had some, such as judicial corruption and "black-box operation", which seriously affect the administration of justice in the the credibility of people's minds. In view of this, the Supreme Court's "People's Court Second Five-Year Reform Program" on sentencing reform tasks and procedures involved in both entities, namely, to study and formulate guidance on criminal sentencing, and to improve and perfect the independent sentencing procedures. Supreme Court's "People's Court of the Third Five-Year Reform Program," emphasis on the procedural norms of sentencing. September 16, 2010, the National Court sentencing reform standardization meeting, appeared for sentencing in recent years, "co different contractors" in the sentencing process and the lack of openness and transparency issues, the meeting decided:10 courts across the country from 2010 standardized trial sentencing reform since January, regulate traffic accident and other 15 kinds of crime, sentencing, the prosecution's sentencing recommendation to introduce the system to allow and organize the public prosecutor, the parties, counsel and legal representatives views on sentencing sentencing issues. I believe that through standardized sentencing procedures, enhance the transparency of sentencing, sentencing for the specification, enhanced sentencing conclusion is reasonable and acceptable performance play an important role. In this paper the author attempts to improve the procedural law from the point of starting to make their own how to achieve justice sentencing procedures envisaged in order to test our country is on the reform of the sentencing process benefit. In this paper, a full analysis of the legislative, judicial, based on reality, on how to establish procedures for the sentencing of theoretical analysis and system design for the construction of the procedure of sentencing recommendations. Is divided into introduction, body and conclusion of three parts. Body divided into four chapters, the text of about twenty five thousand words.The first chapter, the concept of sentencing and sentencing procedures to define, and outline the characteristics of the sentencing process. Sentencing procedures in the program and the value of the sense explained, sentencing procedures to the greatest degree of prevention of abuse of judicial discretion to prevent the arbitrary administration of justice.The second chapter, on the sentencing process of describing the present condition. Divided into two parts, the first level from the introduction of legislation the status of the sentencing process. From a legislative point of view, there is no real sense of fact, the sentencing procedures, the current understanding of the sentencing process in China, mainly from a conviction in the legislative process and launch the. The second part of the judicial status from the perspective of the parties to criminal proceedings in the sentencing process and the role of the various stages of attitude. Since the efficiency of manpower to pursue the court which convicted the accused often included to resolve sentencing hearing problems; allegations of the prosecution will accordingly concentrate on conviction on only a passing of sentence; defender While hoping to play a positive role in sentencing, but not really the issue with the prosecutor on sentencing debate.The third chapter on China's many problems during the current sentence summary and analysis of the causes. This chapter is divided into two parts, the first summary of the main problems at this stage sentencing procedure. These include: conviction and sentencing of one mode of action resulting from the logical paradox, the lack of procedural constraints of judges too much discretion in the absence of investigation report before sentencing system led to criminal culpability difficult to adapt to both parties not involved in the sentencing caused by the confrontational style of trial methods can not effectively play its role in sentencing verdict due to insufficient reasoning distrust of public issues; I believe that the absence of the sentencing process is to generate the root causes of these problems. The second part is the analysis of the sentencing process causes problems. The first is "the conviction, light sentence" and other judicial philosophy of the criminal trial process; followed by unreasonable diversion of cases, rules of evidence sentencing hearing loss and the introduction of adversarial system is not complete and other reasons, independent of the obstacles set sentencing procedures; final is the Criminal Procedure Reform reasons, from the traditional authority pattern of litigation and reasonable transition to the absorption factor in the adversary process of the mixed mode is not set corresponding measures.The fourth chapter of the Reform of sentencing procedures and system design. Divided into two parts, the first author of the idea of sentencing reform program was explained:that the sentencing process of gradual reform should be adopted reform of the way through sentencing reasoning gradually improve the system, rules of evidence and sentencing of these three steps in the case of the triage system, the relative independence of our country to lay the foundation set sentencing procedures. Then the procedure of the system envisaged in the sentencing-sentencing procedures established independent.