A Study On The Standardization Of Sentencing Procedure

Based on the provisions of China in recent years the practice of sentencing reform program and in2012the newly revised "Code of Criminal Procedure," made about the sentencing process, and in-depth analysis of the status quo on the basis of the sentencing process, and learn from the advanced experience of other countries through the extraterritorial test, it the need to further improve the reform measures proposed sentencing procedures. With the advancement of legal knowledge and social popularity, people involved in the self-interest of judicial activities are also put forward higher requirements and wish to participate in the judicial activitiesM.ake judicial activities more open, transparent, request to see the way to achieve justice. This requires that we can not just stay in the fruits of reform achieved, nor can establish a relatively independent sentencing procedures regarded as the end point of sentencing reform program.We also need to further standardize the sentencing process, the prosecution’s sentencing recommendation, sentencing rules of evidence, etc. proposed terms of a more comprehensive system to meet the needs of the community.The novelty of this paper is:1,Combined with the practice of sentencing reform program, found insufficient presence of the sentencing process, and to propose measures for improvement;2,By way of extraterritorial study found that the advantages and disadvantages of foreign sentencing program mode,drawing his country how to deal with the issue of sentencing reform program encountered;3,Analysis of the newly revised "Code of Criminal Procedure," and judicial interpretation of the sentencing process and requirements;4,For the participation of victims in the amount of shape program,prosecutors sentencing recommendation, sentencing evidence mode selection rules,and the sentencing process is proposed to improve the proposal. The full text includes a total of four parts:The first part is for the basic theories of sentencing, the sentencing process, the amount of standardized shape the program overview.The second part is the current situation and problems of sentencing reform program, pointing out where the status quo of China’s reform of the sentencing process, legislative status quo, and analysis of the existing sentencing procedures pattern defects.The third part is the amount of extra-territorial application form study and inspiration, mainly on the common law and civil law countries, a representative of the sentencing process model, and by comparison of their advantages and disadvantages.The fourth part of the sentencing process improvements reforms, mainly from the idea of reform to proceed, put forward specific measures of the sentencing process standardization.Mainly to participate fully in the sentencing process in the victim.The prosecution’s sentencing recommendation system,the sentencing rules of evidence and can not seen as relatively independent of the sentencing process and other aspects of the reform on the end to further improve.