On Sentencing Procedures Of The Construction

In China's criminal proceedings, conviction and sentencing in criminal cases heard in the two important tasks. Accurate Convictions and appropriate sentence are the basic requirement to the rules of law in society. The later one is often to measure the accused a fair trial standards. How to improve the sentencing proceedings in the case's status, how to ensure that sentencing in the process of procedural justice, becomes the focus in scholars and judicial practices 's attention.In March 2009, the Supreme Court issued the "People's Court in the Third Five-Year Reform Program (2009-2013)", expressly provided for specification of judges discretion to sentence included in the courtthe trial proceedings. Prior to this, China's legislation on sentencing procedures is in blank. At present, China adopted at the court hearing process of the unity of conviction and sentencing of litigation, but in the course of the trial, the main problem is in resolving the defendant's conviction. Sentencing often become a vassal of a conviction. Many judges tend to think that as long to solve the problem of qualitative just leave the sentencing alone.The absence of an independent sentencing procedures will not only be unfair, but also likely raise corruption in the judiciary.In this paper, take procedural justice theory as a support , the writer would build our independent sentencing procedure. This paper is divided into three parts, introduction, body and conclusion. And the body is divided into four chapters, as follows.The first part is the interpretation of the sentencing proceedings.This chapter is divided into two parts, the first part is the basic concept and features, and the second part is the function of sentencing procedures, from the constraints of judges discretion, procedural justice and protection of human rights in three areas for exploring the further necessity and possibilities of sentencing proceedings .The second part is the study of sentencing procedures in universe. This chapter is divided into two parts. the first part examines sentencing procedures in the common law countries, focusing on Germany, France,and Japan. The combination of conviction and sentencing make both parties actively participate in sentencing. And sentencing proceedings strongly protect human rights. Germany and Japan even legislate the participation of victims rules related to sentencing legislation. While introducing the unity of litigation, it provides a strict sentencing reason display system. The judges need to explain the reasons on conviction and sentencing on writing. The second part is the inspection of civil law state's sentencing procedures, focusing on the sentencing system in the United Kingdom and the United States. They set up an independent sentencing hearing procedures, and regulate the standard sentencing guidelines in order to display the justice. And they develop the corresponding cases of the triage system, probation officers reporting system for sentencing.The third part is the China's current sentencing system in the review.This chapter is divided into the status of China's current sentencing system, defects and causes. The first part focuses on China's current sentencing system,while China's current sentencing procedures for legislative gaps that exist, the sentencing principles, sentencing levels and sentencing of non-malpractice measures was carried out on the rough regulation.The second part mainly discusses the shortcomings from legislation, court procedures, sentencing and other aspects of China's current sentencing system.The third part explores the causes, that is the concept of China's thousands of years, China's current administrative interference and objective technological shortages.The last part is the framework of our independent sentencing procedures. This chapter is divided into the mode selection, an independent sentencing procedures and support measures . The first part is the necessity of separation. The difference in the basic principle , the purpose, the tasks, of conviction and sentencing provides the possibility for their separation.The second part is the main part of construction of independent sentence. The third and final part of the body is to explore complementary measures, hoping to build a mature sentencing procedures.