On Discretion Of Punishment Procedural Rule

Sentencing is an important component of criminal trial, as well as a significant part of the whole criminal procedure. From the perspective of judicial fairness, sentencing fairness belongs to substantive fairness. In order to achieve sentencing fairness, certain procedure must be carried out. This paper will focus on the aspect of criminal proceedings and its influences on the sentencing. We named it rule in sentencing procedure. It includes the following four pars: first, basic meaning of the rule; secondly, significance of the studying the rule; thirdly, difference of the rule at home and abroad; fourth, on constructing the rule. It is discussed especially that no-evading jurisdiction in sentencing, the scope of cases that need the people's assessors to take part in, the transparency of the fairness of discretion, prosecuting attorney's zeal in plea bargaining, the rule in discharging the illegal evidence, etc. The rule in sentencing procedure has played an important role not only in carrying out the tacks of the criminal and the aims of punishment. That is the reason why we should study how to reform and improve it.