Our Independent Sentencing Process Research

Conviction and sentencing are the two major tasks of the criminal proceedings. And the accurate conviction and proper sentencing is to measure whether the criminal trial work is justice or not. In the process of the criminal trial, conviction and sentencing before and after, closely related, but both the purpose, the task, participative subject, the functions, the principles of substantive law and procedural law that is followed, and rules of evidence, there is a significant difference However, China's trial is the unity of the conviction procedures and sentencing procedures. This results in some drawbacks,such as the sentencing being not open as well as the imbalance of the results of sentencing, giving rise to the strong dissatisfaction of the masses of the people, seriously affecting the credibility of the people's courts and judicial authority.Sentencing imbalance has become a common phenomenon in China's criminal trial practice. The particularity and complexity of sentencing has gotten a universal concern. How to make the sentencing standardization has become an important issue to be solved. Practitioners have made pilot project on the sentencing procedures, and the academic also apply a number of different programs of the establishment of the sentencing process.This article consists of five parts. The first part proposes the concept of sentencing procedures firstly, and then analyze the drawbacks of the sentencing process, and thus shows the background of our sentencing procedures reform. The second section describes the judicial practice of the foreign sentencing procedures, and summarizes the respective advantages and disadvantages of the unity and his conviction procedures and sentencing procedures unity and separation of the conviction procedures and sentencing procedures. The third section presents the necessity to build our sentencing procedures, to build the sentencing process is the requirements of the principle of procedural justice, to build the sentencing process is the need of the protection of human rights, to build the sentencing process can effectively regulate the judge's discretion. The fourth section describes the current sentencing patterns in some courts. The fifth part shows sentencing process model that should be established in China, to retain the mixed-sentencing process model in the summary and the ordinary procedure, to set up the sentencing process in the case of the defendant pleads guilty. And it demonstrates in detail the specific role of litigation participants In the independent sentencing procedures.