Conviction, The Sentencing Of The Dual Structure Theory

The two systems of the law in the world have their own procedure's modes of conviction and sentencing. The task of the criminal litigation includes conviction and sentencing, the criminal litigation has been divided into two stages: conviction and sentencing in every country. Conviction is designed to determine the criminal responsibility of the accused and sentencing is used to determine the penalty of the convicted on the basis of the conviction. There is a fundamental difference between conviction and sentencing, so they should have their own procedure support. In China's current criminal procedure, the procedure of conviction and sentencing, not distinguished, are totally called "court trial procedure". In the uniform procedure, conviction is the core and the sentencing is a client of the conviction without special procedure or stage to deal with the problems of sentencing, which doesn't match the specialization, importance and difficulty of the sentencing. Starting with inspecting every countries' systems about sentencing procedure, this article intends to analyze the necessity and importance of independent sentencing procedure; demonstrate the real needs of building the relatively independent dual procedures of conviction and sentencing to improve China's sentencing procedure; and put forward relevant system conception to initiate the focus on the sentencing procedure in the theoretical circles of the criminal litigation, and to be helpful to the reform of sentencing procedure.