Judge Sentencing Discretion Procedure Regulation

The" Xu Ting case" triggered by the controversial issues have practical significance, current China's sentencing of contradictory intensifies day by day, the harm that brings from this is in many aspects, such as the unbalance of sentencing discretion, judicial credibility down, the verdict instability. Investigate its reason, the judge's sentencing discretion excessive is one of crucial point. Cause the judge discretion over the big reason mainly exist in the traditional heavy convicted sentencing thought influence, light rough sentencing entity sets, sentencing procedure defects and personal factors in several aspects. To guarantee the judicial fair sentencing, judge's sentencing discretion regulation brook no delay. This paper argues that, first of all we should perfect the system of sentencing suggestion, so as to increase the prosecution of sentencing judge restrict. Prosecutors in criminal proceedings in the effective exercise of the power of sentencing proposal, can reduce the appeal, appeal cases starting, saving judicial resources and the cost of litigation, the most important is to limit the judge sentencing discretion in the form of, in favor of sentencing justice; second is attached to the sentencing defense, sentencing defense is the sentencing procedure should have meaning, but in our current pattern of litigation, lack of security, we should intensify the defense attorney's defense function and ensure the defense process open and transparent, two aspects to be improved; again is to strengthen the verdict sentencing argue, main recommendations are optimized judgment, according to the specific situation of the case structure has the distinction of rich content, standard sentencing sentencing reasoning arguing language; finally should be committed to build an independent sentencing procedure, also is the conviction and sentencing procedure of phase separation process. It is in such a program design, sentencing recommendations and sentencing defense will have a better use of space. Specific operation should pay attention to the following points: A is attached to the local factors are concerned, the two is for the case to distinguish applied, three is to perfect the related system.