Reform Of The Sentencing Process

Since China's reform of the economic system has made great achievements in democracy and the rule of law as the core of the political system is increasingly of concern for people。The current judicial system in obtaining initial results, but also revealed some misunderstanding on the concept of justice and the short-sighted in urgent need of clearance awareness to avoid building the wrong system of scarce judicial resources on the cost, the effectiveness of impairment has been made in the reform.Among of them, the sentencing reform process should be highly reflective with a view of the system design。As the magnitude of the penalty in criminal law and sentencing provisions plot comparison careless, because of the emphasis in the course of the trial denail identification, to the neglect of the importance of sentencing, the applicable criminal procedure makes introvert。Throughout the criminal proceedings the discretion of the judge is too large, the traditional thinking of felony light punishment, leading to the application of this light sentence he weight, with different crime and punishment, criminal sentencing unfairly adapt so contrary to the principle of guilt phenomenon frequent non-complex, and the breeding of judicial corruption, secret operations and other illegal activities detrimental to judicial impartiality and authority。In this paper, our current sentencing procedures on the mode of reform assessment, the combination of international practice and in-depth theoretical study of characteristics to establish a sentencing procedure.This paper will study the following four parts:the first part, an overview of the sentencing process, including reform of the sentencing process the background and significance; the second part, the assessment of the status of sentencing reform program, introduced China's current reforms in the sentencing process initial results achieved in the area; the third part, a comparative study of the practice of foreign legislation, the practice of foreign practices on the assessment and proposed enlightenment; the fourth part, elaborated on the concept of procedural reform of sentencing and put forward a sound reform of the sentencing process with the relevant system, proposed to establish an independent sentencing procedures of the initial ideas.