| At present in the criminal justice process, the conviction and sentence are combined. This situation leads to many problems of sentencing, such as the abuse of judicial discretion, sentencing unfair, imbalance sentencing and judicial corruption. In order to improve the problems of sentencing, some scholars proposed the establishment of relatively independent of the sentencing process. After a brief introduction for the purpose of sentencing and a discussion for the reason why the purpose of sentencing is obstructed, the theoretical basis of the relative independent sentencing process is analyzed. Sentencing process should make suiting punishment, individual punishment, due process as its theoretical basis.The problem for application of suiting punishment in our country and the cause of the problem is elaborated to obtain the attentions which the principles of suiting punishment apply in our country. The attentions are that the harmful social elements should be considerate exactly, and conviction and sentencing should be given equal weight, the extremes should be corrected in sentencing process. As an important principle of discretion, individual punishment is not clearly defined in China, but many provisions of the law have reflected this principle. Offender's dangerousness is an important indicator of discretionary penalties in individual penalty. The decision to impose specific penalties on offenders which is determined by the characteristics of different offenders, makes the general prevention and individual prevention unity and makes the transformation of the offender achieve a better result. Due process is an important principle in the justice of Anglo-American countries. The fairness of justice must be guaranteed by procedural justice. Finally, the paper introduces the traditional principles of due process and the difficulties of implementation in our country. The theoretical support of the sentencing process is proposed in several aspects such as relative independent sentencing process, the rights of sentencing recommendation, sentencing reasoning system of criminal justice. |
