With the constantly deep of the judicial reform, the call for equality and justice that people have pursued are much louder. However, as an important role, whether determination of punishment will from a fair result has been more concerned about by the scholars of the judicial theory and practically. The thesis is to interpret the problems of basic theories for the procedure of determination and counter—determination of publishment from the perspective of the procedural law. The thesis will be deeply analyzed with the method of comparative analysis, the theoretically advanced achievement related to the two judicial systems and combining the problems that it existed. On the basis of comprehensive aspect .The purpose of the thesis is to construct an independent procedure of determination of punishment according with our national situation and provide a powerful procedural support to form a fair result of determination of punishment. |