Sentencing Procedure

Determining a crime and imposing sentence are two important steps in criminal process. So it is necessary to research sentencing procedure. First of all, the same and different points in sentencing procedure in two legal systems are expounded and analyzed In addition, the present situation of sentencing procedure and problems thereof are mentioned. Furthermore, the reasons of the problems are discussed. Finally, some reforming suggestions in sentencing procedure in our country are given. The thesis is composed of three chapters besides an introduction and a conclusion. There are about 40, 000 words in this thesis.In the first chapter, the sentencing procedures in two legal systems are compared. In this part, how prosecutors, the defendant and their counsels, the victims to participate in the sentencing procedures in two legal systems are introduced and compared . In Anglo-American legal systems, there is an independent sentencing procedure. The prosecutors and the defendant both have chances to state their viewpoints about sentencing. The victims of crime and their families have the rights to participate and to be heard in the criminal justice system through the use of "Victim Impact Statements. Probation officer shall make a pre-sentencing investigation of a defendant and report the results of the investigation to the court before the imposition of sentence. In continental legal system, there is no independent sentencing procedure. The prosecutors have rights to provide sentencing recommendation. The defendants also have opportunity to state their viewpoint about sentencing. The victims also have rights to participate in the criminal sentencing process.In the second chapter, the present situation in sentencing procedure in China is analyzed The prosecutors have no specific rights to provide sentencing recommendation. The defendants and their counsels have little chance to participate in the sentencing procedures effectively. The victims are also lack of approach to participate in sentencing .There is still no pre-sentencing investigation about personal of the defendant There are no sufficient sentencing reasons disclosed to the parties. The author maintains that it is the prevalent ideology and regimes that lead to the problems. First of all, we pay more attention ondetermining a crime than on imposing sentence. Second, we stress more on substantive law than on procedural law. All these fectors result in the present situation in sentencing procedure.In the third chapter, the author puts forwards the reform blueprint of sentencing procedure. Firstly, two principles should be established in sentencing procedure. We should pay more attention to determining a crime and imposing sentence. We should emphasis both on substantive law and procedural law. Secondly, the basic orient of our sentencing procedure reform is to establish independent sentencing procedure. Furthermore, a series of basic regimes should be established. Prosecutors should have rights to provide sentencing recommendation. The defendant and his counsels should have rights to provide his viewpoints about sentencing. Pre-sentencing report should be made before imposing sentencing. On the basis of these regimes, framework of sentencing procedure is designed We should construct the different sentencing procedure in plea bargaining case, misdemeanant cases and felony cases.