On The Proof Of Sentencing Facts

In traditional theory of criminal evidence law, the related proof theory is based around conviction control. In sentencing process, however, we have to reappraise the proving rules which emphasize on the accuracy of conviction, because the defendant has been convicted and presumption of innocence does not have its direct effect any longer. So it is also necessary to establish allocation rules of burden of sentencing facts proving and reinstall corresponding standard of proof for the sake of restricting the discretionary power of judge in sentencing and promoting both procedural justice and substantive justice in sentencing.The thesis focuses on the issue of sentencing facts proving. The introduction introduces briefly the basic profiles of the thesis, such as research scope, research status and research meaning, etc. There are five chapters in the thesis. The first chapter is "the concept and elements of sentencing facts". The second chapter is "the proof method of sentencing facts". The third chapter is "the allocation of burden of sentencing facts proving". The fourth chapter is "the standards of sentencing facts proving". And the last chapter is "the independence of sentencing process:the'ought to be'context of the application of proof rules in sentencing".In chapter one, the concept of "sentencing facts" is defined and its characteristic of independence is discussed, after which the author clarifies the relationship of sentencing facts, convicting facts and criminal facts. Then this chapter analyzes and reconsiders the elements of sentencing facts which is in current legalization and theoretical research, and reconstructs the current elements system of sentencing facts for the convenience of proof.The definitions and functions of two basic proof methods, "strict proof"and "free proof"are introduced, and selection problem of proof method of substantive facts proving are described and solved in chapter two. By analyzing Chinese criminal procedure designing, this chapter concludes that separated-proving models should be established in China criminal procedural law and different proof methods should be adopted according to different sentencing facts. In the last of this chapter, the selection of proof methods to different sentencing facts is discusses in detail.In the third chapter, through a comparative perspective the author then investigates the allocation of burden of sentencing facts proving in other countries, creatively brings up two concepts, basic effect and radiating effect, states that "the presumption of innocence" has radiating effect instead of basic effect and "the accuser bears the burden of proof"is demonstrated to be the fundamental principle in sentencing process. Finally, allocating rules are designed, and the functions of judge in sentencing facts proving are subsequently discussed.The fourth chapter includes a comparative research on the standards of sentencing facts proving along with a comment on Chinese current proving standard and relative reforms, before a specific constructing idea of establishing one systematic standard of sentencing facts proof is put forward.The fifth chapter first analyses that it is only in a relative separated sentencing process that the proving rules centre on sentencing facts can have its intended effect, raises a proposal of separating sentencing process from conviction process, and puts forward the preliminary design of related ancillary system reform.