The Study On Making The Sentencing Procedure Of Capital Cases Independent

Death penalty cases involve depriving lives of the offenders, how to through perfecting the death penalty trial procedures to limit and reduce the number of death penalty has become a hot topic for the scholars and has drew their common attention. Because of the current high conviction rate, it is hopeless to limit death penalty through the Conviction proceedings. That makes limiting the death penalty through the sentencing procedures becomes necessary. Setting a independent sentencing procedure, so that both the prosecution and the defense can participate in the sentencing procedures in death penalty cases, fully display their various sentencing circumstances and evidences, and defense for themselves, thus, the judge can obtain as much more and comprehensive sentence information as possible, and then decide the penalty on base of that. Trough this kind of sentencing procedure, judges will be more prudent in sentencing ones death penalty, so that the fairness of the judgment will be protected and the death penalty will be eventually limited.Our current sentencing procedure has a lot of problems, such as putting too little emphasis on the sentencing procedure, giving birth to the embarrassment of criminal defense lawyers, the judges'sentencing discretion is too large, and both parties does not participate adequately and so on. Deep-rooted suing concept and comprehensive objective obstacles explains why the current sentencing procedure is not independent. Independent sentencing process in capital cases gets some unique value, it can highlight the death penalty's due process, better protect the human rights of defendants in capital cases and ensure the correct application of the death penalty, therefore, we should learn independent sentencing procedure model of the common law family on designing the sentencing procedures in capital cases of our country and set up independent sentencing procedures for our own penalty cases. In our separate sentencing procedure of capital cases we should set up complete sentencing trial, protect the defendant's sentencing defense and more rigorous court review rule is needed. In addition, some supporting measurement is needed to protect the implementation effect of independent sentencing procedures in capital cases. That includes setting some pre-sentencing procedures of death penalty cases, constructing the sentencing recommend procedure for the prosecuting officers, introducing the defendant social survey reporting system and setting strict sentence reasoning rules for the judges.