Study Of Sentencing Procedures

Determining a crime and imposing sentence are two important steps in criminal process. As important as determining a crime, the research of sentencing procedure is also necessary and important. For China, a perfect sentencing procedure will take a great deal of benefits. First of all, exact definitions about sentencing and sentencing procedure. State the value and function of sentencing procedure. Furthermore, the same and different points in sentencing procedure in two legal systems are expounded and analyzed. Finally, some reforming suggestions in sentencing procedure in our country are given. The thesis is composed of four chapters besides an introduction and a conclusion. There are about 40,000 words in the thesis.In the first chapter, the article aims to identify the definitions of sentencing and sentencing procedure, and generalize the characteristics of them. Describe the effects and values of them, in which prevent the abuse of discretionary power by judges and secure the justice of sentencing procedure.In the second chapter, the sentencing procedures in two legal systems are compared. In Anglo-American legal system, there is an independent sentencing procedure. The prosecutors and defendant both have fair chances to states their viewpoints about sentencing. 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. Compared with the Anglo-American legal system, there is no independent sentencing procedure in Continental legal system. The justice still stands a core status in trial. No matter determining a crime and sentencing are controlled by the Honor.In the third chapter, the present situation in sentencing procedure in China is analyzed. There is no exact procedure about sentencing. It's a vague room of the results of sentencing. The prosecutors have no specific rights to provide sentencing recommendation. And the lawyers' function can't bring into play effectively. The defendants have little chance to participate in sentencing procedure. No pre-sentencing investigation and no sufficient sentencing reasons are made and disclosed.In the forth chapters, I put forwards to reform blueprint of sentencing procedure in China. It is Sino mode. We should draw on the experience of Sino-mode sentencing procedure. Establish a series of systems. For example, branching different cases, a independent pleading of sentencing, pre-sentencing investigation for defendants, and sufficient sentencing reasons. At the same time, we shall give a reasonable care about sentencing recommendation and sentencing guideline.