The Perfection Of Sentencing Process And Judicial Justice

Judicial justice has been the eternal goal which people seek for since ancient times, and it's the requirement of the implementation of constitutional politics of modern democratic states, and it's also the ultimate goal of managing state affairs according to law in China. Judicial justice involves proceeding justice and result justice. Proceeding justice and result justice are dialectical unity, they're interdependent and interrelated. However, our judicial area has the tradition of paying more attention to results and conviction for a long time, particularly in the field of criminal justice, people often ignore proceeding justice and sentencing in the process of pursing results justice, many legal workers even have a misconception that accurate conviction is justice. No doubt that the opinion undermines our judicial construction. But fortunately, with the development of legal globalization, China began to attach importance to the role of the process, reasonable sentence is regarded as the content of criminal justice like accurate conviction. We can see the change from"The first five-year reform program"and"The second five-year reform program"published by Chinese Supreme Court: sentence and conviction are both important, so are the process and the result.But we should note that, the lack of sentencing process in China is a long-standing problem which can not be quickly solved. So studying how to constructing a relatively independent sentencing process and solve the problem is the focus of this paper.This paper has three main parts, the first part writes about the conceptions of justice, judicial justice and criminal judicial justice, and the relationship between proceeding justice and result justice. The second part writes about the sentencing process, author will describe the forward path of it, summarize the results and the its existing shortcomings. The third part talks about the countermeasures, author will learn the advanced experience propose from western countries and propose measures according to China's actual conditions. I hope that it can be good for judicial reform in China.