| There are two tasks in criminal proceedings:one is conviction, the other is sentencing. The task of conviction is to determine whether the defendant is guilty or not;the task of sentencing is to determine whether the defendant should be imposed punishment and what punishment should be used. Because of the difference in their nature and function, conviction and sentencing all have their particular procedure rules. Traditionally, whether in our country's criminal procedure in legislation and in judicial practice, no definite region condemned conviction procedures and sentencing program, but unified called "court" program. In fact, the court often focus on the solution of the problem for convicted, sentencing did not be given enough attention, also there is no corresponding specialized sentencing program and the corresponding sentencing rules. Because the sentencing program is imperfect, the judicial organ sentencing discretion is lack of effective restriction and constraint. Thus sentencing injustice, opaque and not unity, imbalance phenomena is more outstanding, relevant sentencing appeals, petitions growing, sentencing program reform is urgent. In recent years, the supreme people's court has been devoted to the research and exploration in this area, standardization of reform sentencing reform sentencing standardization develops basic court accumulated valuable experience after people's court promulgated a sentencing guidelines (try out)", the people's court sentencing program instruction opinion (try out) "and will be in the national court for sentencing standardization, promote pilot reform made an important one step further. However on the comparation to the foreign program in sentencing program,we can find sentencing program of our country is still lack of independence, scientificity and completeness.There are many insufficient places, it is urgent for further improvement. |
