Sentencing Program Research

Criminal proceedings refers to the state parties and other special organs in the participation of participants in the proceedings, in accordance with procedures prescribed by law to prosecute a suspect, the prosecution of persons to resolve criminal activity. Seen the defendant in criminal proceedings it is necessary to resolve the question of guilt, but also solve the problem of the defendant's criminal responsibility. Of the Civil Law of the Mode of authority, China's current Criminal Procedure Law is mainly directed against the suspect's conviction problem set, and how to sentencing by the judge is totally lenient sentence within the range of statutory discretion. Therefore, the sentencing process of an independent state in fact is missing, or is convicted procedures covered. In this case, even if the conviction is accurate, appropriate sentencing, it is difficult to be convinced that the parties and the public. Because of the lack of so-called sentencing procedures to ensure fair sentencing, is not to the parties and the social perception of the masses, the objective is difficult to truly adapt to criminal culpability. In China's current sentencing practice, the lack of the necessary procedures for the support of both parties at the sentencing phase is difficult to fully exercise their litigation rights, the relevant Sentencing in the trial can not be fully and publicly display; This is difficult in the trial prosecution and the defense to play its due role of confrontation, lead to the exclusive sentencing power of a judge. Thus, the parties can not effectively participate in sentencing and can not make conclusions based on that sentence, naturally suspicious of their impartiality, resulting in the appeal rate and the loss of authority of Criminal Justice. The lack of program control and supervision of the judge, the sentencing discretion is easily abused, and thus become a breeding ground breeding ground for corruption in the judiciary. So let the parties in a visible manner, from the procedural law of approach to study and solve problems in sentencing phase of practical significance.