The Analysis Over The Standardization Reform Of Sentencing Procedure

Standardization reform of Sentencing Procedure aims at promoting Sentencing public, making Sentencing Procedure standard, and achieving Sentencing fairness. Reform is a system work in the whole Procedure of the sentencing standardization, which becomes a concern holding point in the society and a discussion focus in the scholar. Meanwhile, it is a difficulty that how to achieve Sentencing fairness and efficiency by the reform in the Judicature practice. Owing to the way of the Sentencing reform is mainly the process of theory and practice close interaction and mutual liters, and this article will put View from the complete sentencing Procedure to regulate reform of the sentencing Procedure, so find the existing problems in the reform from the perspective of Judicature practice that it is beneficial to promote the standardization reform of Sentencing in our country. The article mainly includes three parts.Part one is the brief introduction about the standard reforms of the criminal Sentencing. The paper focuses over the history, the connections with the practical and the situation analysis combing with the primary achievements which are the all covers in the criminal procedure, the opening procedure to the basic balance and the basic fair. The author considers that the all details of the Sentencing procedures cannot work without the participation of the parts and the logic root or the goals should be demonstrated by the following words as the base of the standard reforms of the criminal Sentencing.Part two is the analysis about the current situation and the problems in the Sentencing procedure from the judicial practices as the prelude for the reforms discussion. The paper concludes the situation that the Sentencing procedure works in the whole proceeding to realize the separation of the judgment and Sentencing based the researches. But the as the accused denied guilty or the disagreement with the Sentencing suggests, it would be the reforms dilemma. So the paper pus forwards the procedural suggests as the idea of the efficient and the justice. At the same time, the reforms would be cooperate with the all the judicial parts and the connections to focus over the learning and studies. As the Regulations of the Sentencing Reforms, the works would be continued. In the proceeding, how to make it open and control would be the blind and the hard issue. So the author makes the basic supervision by the reports and discussion by the judges. Finally, the paper concludes the following six problems as the poor expressions and advocating, the missing of the proofs based over the studies in these reforms.Part three makes some certain suggestions combing with the standard reform and the relative litigation theories. The author considers that the Sentencing procedure reform should be taken parts by all the judicial departments which could make the procedure best functions and establish the cooperation system. And second, it also demands the parts in the case to certain their rights and duties to better protections and the responsibilities to reach the balance and supervision. Upon the level, the designers should set the relationship properly to promote the open procedure and to ensure the collection of the whole information to the defending, which could be the practical, the trustful and the fairly supervising. The proceeding of Sentencing would work based on the rules and the disadvantages of the standard procedure had been the puzzle for the proof system, which should put more attention over the investigations and the changes of the proof as the perfection of the relative regulations. At last, the author said, any wrong direction and actions would be the terrible lose. So the practical and theoretical connection makes the basic principles and forms that are beneficial to the correct way and healthy development for the standard reform of criminal Sentencing.