On The Setting Up Independent Sentencing Process For Our County

The sentence procedure is a procedure that judicial organs resolve the sentence to defendant in the effective participation of litigants after convicting defendants.As one parallel tache with the conviction,sentencing procedure should pay an important role in achieving a fair sentencing procedure.The convincing sentencing justice should be under an open,fair trial environment,using confrontation to participate sentencing and influencing the evidence in judge's heart to come to a conclusion whether the judge adopt and come with an reason.In contrast,it is inevitable to question the justice fairness for parties as they can not perceive the process of sentencing and can not acquaint themselves with the reasons on sentencing conclusion.In our country,the legislative sentencing procedures are almost blank.The so-called "court judge" is to solve the problem of a conviction but the sentence has become a vassal of conviction.With no specific stage and proceedings to address the sentencing issue in judicial practice,it can not only reflect the fairness but also cause lots of problem in sentencing process.The author attempts to show how to achieve fair justice from the aspect of improvements of procedural law,in order to benefits justice reform on sentencing procedure in our country in future.The contents of this article is divided into four chapters,They are as follows:Chapter One is a description for the Sentencing Procedure in our country,and is divided into two parts.One is to introduce status of the Sentencing Procedure from the Legislative Process.Actually we still have no such sentencing process on the true meaning.China's current understanding of the legislative sentencing procedures are mainly from the conviction in the legislative process by the presumption.The other part is to state the attitude and roles of the parties at various stages of sentencing procedures from judicial point of view.The court is in charge of the conviction and sentencing for the sentencing to defendants,therefore under the lack of status in sentencing proceedings,it is an ideal choice to resolve sentencing questions on judicial procedure.While in order to seek "the establishment of charges," the prosecution usually make a choose on the sentencing evidences.Chapterâ…¡is about summary and analysis on current problems and reasons in the current sentencing phase.This chapter is divided into two parts:in the first part,it is about existing issues in current sentencing process for China.These issues are:paradox of logic litigation caused by "conviction that contains the sentence" model;too much discretion for judges as lack of procedural constraints;difficulty to adapt criminal guilt as the lack of pre-sentence investigation report system;no enough punishment causing to participate in the prosecution and defense;loss of the prevalence caused by ineffectively playing its role to lack of confidence.In my opinion,the root causes are system deficiencies while insufficient participation is just the most most direct representation.The second part is the analysis on problems causing in our sentencing phase.First,it is the concept of traditional culture "re-conviction,the light sentence".Secondly,it is because of the lack of relevant rules of evidence,and the introduction of the incomplete adversarial system,ect.Finally it is as of the criminal procedure reform in our country.A direct change from traditional terms to the actual situation,while without matching system for support.It is about sentencing reform in Chapterâ…¢.This chapter is divided into three parts.The first part is on the best selection to resolving problems in sentencing proceedings on the reform of the independent sentencing phase.Setting up independent sentencing is the reform trends for court instruction in various countries in the future;moreover,many problems can be solved truly based on such a reform.In the second part,it is on introduction of exploration that major scholars and judicial practice department in China to solve the problem on sentencing.Presently,the ongoing exploration on sentencing in Shandong,Jiangsu and Shanghai city makes accumulated valuable experience for our country's reform in future.The third part is about the explanation on strategy for sentencing procedure reform in China.The author think the reform on sentencing procedures in our country should be made in three steps: sentencing reasoning system,the sentencing evidence rules,"two sub-models in trial".At this point,I used the idea of gradual reform to improve and perfect our existing litigation system, and eventually establish independent sentencing process through legislation.In the chapterâ…£,the author envisage for the future of our country independent in sentencing procedures.This chapter is divided into three parts.It is a macro program design process for the sentence in our county in future in first part.And it was designed in 4 stages: the pre-trial sentencing preparation,evidence of the investigation and punishment debate in sentencing hearing phase,sentencing hearing review of the evidence and starting on sentencing relief after the sentencing magistrate.The second part is about guiding principle in our country:the principle of the independence process;justice and priority;effective participation in the prosecution;and the defense against the principles and principles with the center referee.The third part is on the micro-program from the foundation of the system to future sentencing procedures in our country.It should include at least some systems:the system of prosecution sentencing recommendation;the defense system of sentencing the respondent;the investigation report before sentencing...