On Sentencing Procedures

Conviction and sentencing are the main elements of the criminal justice activities. The former is to solve the legality question, while the latter is to solve the reasonableness question. If a defendant is sentenced, he must be convicted first, so we can make a conclusion that there is a kind of logical relation between conviction and sentencing. However, it becomes an indisputable phenomenon that we pay more attention to conviction than sentencing. The sentencing procedure mixed with the conviction procedure results in judges'overlarge discretion and low authority of judgement, thus more attentions are paid to the imbalance sentencing and the unfair judgement by the public. It is becoming an urgent issue that how to balance the unified sentencing and individual sentencing, thus to protect the dedendant and to achieve the procedure justice. On the impel of the above, I start my study on the subject of sentencing procedure. The creative point of the paper mainly concerns with the distributaries of the criminal cases according to the cases'complexity etc, and the different sentencing model applies to the different cases. Mainly this paper, which is about 30,000 words in total, could be divided into three parts:introduction, the main body and the conclusion, of which the body includes four chapters, as followings:Chapter one is the situation of sentencing procedure in our country. While its characteristics, importance and complexity arouse my interest in sentencing procedure, I found there is few rules of sentencing procedure in our criminal procedure law of our country. Then I analyze its disadvantages, such as judges'overlarge discretion, the bad protect of the litigant's right etc.Chapter two introduces several fundamental theories of the relatively independent sentencing procedure. Firstly, I demonstrate the correct point of the relatively independent sentencing procedure by analyzing the entity justice and procedure justice. Secondly, I demonstrate the necessary point. Finally, I demonstrate its feasibility.Chapter three is the review of sentencing procedure of the two legal families. Firstly, I introduce the independent sentencing procedure of the common law system and the mixed sentencing procedure of the civil law system. Secondly, I evaluate the two different sentencing procedure mode.Finally, I make a conclusion that the relatively independent sentencing procedure is needed to construct in our country.In chapter four, the detail plan of our country's sentencing procedure is set forth. Here I plan that there is the distributaries of the criminal cases according to the cases' complexity etc, and the different sentencing model applies to the different cases.