Research On Reasoning Of Criminal Sentencing Verdict

Reasoning of sentencing is the judge's activities to explain the legitimacy of his results. With Reasoning, it not only can increase the acceptability of sentencing, but also can make the judge think of the appropriateness of sentencing, and it can help the judge think seriously about the accused'rights. However in China, due to the conviction of"re-light sentencing convicted", the trial has been carried around the conviction, and the reform of reasoning of sentencing verdict is mainly reflected in the conviction, reasoning of sentencing did not attract enough attention. Reasoning of sentencing verdict is not comprehensive and thorough, and because of the lack of convincing, the accused and the community suspect the result of sentencing, which seriously affected the judicial authority. Reasoning of criminal sentencing verdict should cause enough attention of the theory and the practice, and make some appropriate reform.In this paper, following the idea of proposing, analyzing and solving the question, the author divides the paper into four parts: the necessity of reasoning of sentencing verdict, the basic theory of reasoning of sentencing verdict, the status of reasoning of sentencing verdict, and the reason, and the specific recommendations to enhance reasoning of sentencing verdict.In the first part, the author outlines the basic theory of reasoning of sentencing verdict. The author firstly makes the definition of reasoning of sentencing verdict in the generalized approach but not limit to the current sentencing verdict .that is to say, the reasoning should conclude the sentencing facts, evidence and legal. The facts is the factual basis of sentencing judges, and the law is the legal ground of the judge's decision, they are indispensable to demonstrate the legitimate and reasonable of the judge's decision. In defining the scope of the study, the author analyzes the contents of the sentencing verdict in the following: who, to whom, the contents, and how. From the law, the trial judge should be the main people to give reason of sentencing, the trial judge use the logic rules and the evidence to testify his facts and legal grounds to the accused, the public and the higher court .In the second part, the author analyzes the necessity of reasoning of sentencing verdict. It is mainly reflected on four aspects: Firstly, reasoning can excite the judge's reasoning vigilance and play the supervisory role of the outside world, which can restrain the discretion of the judge. Secondly, with the publicity of reasoning of sentencing verdict, the accused have an opportunity to participate in the process of the judge's sentencing, and it can make the judge do a wise find, and it can also achieve the procedural justice and substantive justice. Thirdly, the referee of judge's screening sentencing facts can increase the acceptability of the sentencing verdict. Finally, the persuasive sentencing verdict can promote the accused to observe and enforce the sentencing verdict, which can safeguard the judicial authority.In the third part, the author analyzes the status and reason of reasoning of sentencing verdict. With the comparison of reasoning of sentencing verdict of 300 ordinary criminal cases and 59 penalties', the author find some main issues of the current sentencing verdict: Firstly, the fuzzy of who; Secondly, the content is not comprehensive; Thirdly, reasoning formatted; Fourthly the structure is not uniform, which can not make the facts, legal and sense into a integrity. It is not only because of the system, but also the judge: Firstly, the substantive law is not precise enough, and the procedural law is missing, which make it is difficult for the judge to reason. Secondly, the conviction of"re-light sentencing convicted", the thought of an official, and of an administration, all of which making the judge do not want to give reason. Thirdly, because of the lack of individual capacity, the judge can not give reason. Finally, due to the separation of the trial, the judge misses the opportunity to give reason, In the fourth part, the author provides some specific recommendations to improve reasoning. First of all, the sentencing verdict should make a comprehensive record of the sentencing facts, and then the judge should give the reason on the focus that the two parties debated. Secondly, it is necessary to adjust the structure of reasoning of sentencing verdict.We can learn from Germany's mode, which consists of the main body, the facts, and the reason. There is a single part of the verdict that outlining the reasoning of sentencing, as a result of which, the sentencing facts, the evidence and the legal become more systematic and logical. Finally, it is necessary to improve the related system. This includes the following four parts, which can make the judge have the ability, the willing and the opportunity to give the reasoning of sentencing verdict: Firstly, by promoting the pre-sentence Investigations report, the research on sentencing suggestion system, and the sentence reply system and the publicity of the reason , it can improve the norms of reasoning of sentencing verdict; the second is that it can correct the judge's attitude of reasoning by changing the judge's conviction of"re-light sentencing convicted", the thought of"official position"and administration; Thirdly, by raising the elective conditions and strengthening the post-training, it can improve the judge's ability of reasoning; at the last, it can provide the judge an opportunity to give the reason by the protection of judge's substantive jurisdiction, and the improvement of the rules of collegiate bench.