The Reconstruction Of The Sentencing Procedures

In criminal trials, judges shall apply the right law to a right person and sentence him adequately. Nowadays, the phenomenon that conviction is emphasized while sentence is ignored exists in China. In this case, it will be detrimental to for judicial authority. Thus, it is a hot button in the judicial reform to make sure the properness of sentence, which is a big problem as well. If individual cases are badly dealt with, it will result in the two party's sentiment and antagonism, and people will suspect judicial justice and ruling by law afterwards. The Supreme People's Court has decided that courts all over the country will carry out a reform on normalization of penalty measurement since October 1st,2010 with trying out Guidelines of Penalty, which is a prelude to the reform and point out a comparative reasonable logic for penalty measurement. The thesis starts with an analysis of situation and inadequateness of penalty to figure out bad influences on the aim of penalty, the maintenance of the public image, and judicial appliance and find out the reason of the problem. Moreover, the idea of constructing a comparatively separate sentencing procedure will be raised by making a contrast between integration mode and separation mode.Specifically, this paper is divided into four parts:Chapter 1 is the general introduction of sentencing in China to point out current problems of sentencing in China and the causes of problems.Chapter 2 is detailed illustration of sentencing integration mode and separation mode. Point out advantages and disadvantages of these two modes so as to get enlightenment through comparison,Chapter 3 is a description of pilot situation of sentencing procedure in China, from the perspective of sentencing pilot-"Sunshine Sentencing in Zichuan District Court, Jiangyan Court and Pudong District Court, Shanghai, analyzing the existing problems in the pilot and the reasons. Chapter 4 is to put forward formulating plane of sentencing procedure. Through reference from two modes of sentencing procedures, the author offers his opinions of constructing relatively separated sentencing procedure and elaborates on important system of sentencing procedure.