On The Improvement Of Our Sentencing Procedures

The ultimate goal of criminal proceedings is sentencing and sentencing justice is the ultimate goal of criminal justice. Sentencing procedures can protects participants in litigation to be involved in sentencing more fully, can constrain the discretion of the judge effectively and can achieve the balance of sentencing judgments.However, for a long time, we pay emphasis on conviction and ignore the sentencing. Sentencing procedure is just a concept of the invisible procedure. The lack of sentencing procedures has led to judicial corruption and judicial injustice, reduced the credibility of justice and undermined the legal authority. The Supreme People's Court and other departments issued "on Issuing the Opinions on Several Issues Concerning the Regulation of Sentencing Procedures (for Trial Implementation)" to further regulate the sentencing activities and promote the openness and justice of sentencing, while avoiding a number of major issues of the sentencing procedure.By comparing the two legal systems of the sentencing procedure model, the separation of conviction and sentencing is the better choice. But the choice of sentencing procedure model should also consider China's national conditions.In order to make sentencing procedures worked well, lot of matching system should be improved. If there is no matching system, sentencing procedures can not be implemented. Reform of the sentencing procedures with the sentencing guidelines, the case diversion, sentencing recommendations and other systems complement each other and promote each other. Evidence rule and certificate standard which based on the presumption of innocence can not apply to sentencing. Sentencing should have the evidence rule and certificate standard which is suited to its characteristics. What's more, different court proceedings should be set according to different cases...