On The Proof Of Sentencing Facts

In the activities of the criminal proceedings, the goal of our relentless pursuit is to achieve the accuracy of the conviction and the rationality of the sentencing. As an important factor in sentencing proceedings, the sentencing facts can be fully proved or adopted, which is related to the rationality and impartiality of the sentencing results. But, in traditionally, the expansion of our theory and practice of criminal proceedings is around the proof of the facts of the conviction. Contrary, the proof of sentencing facts is rarely to be concerned. Therefore, in the current activities of the criminal proceedings, the rules of proof about the conviction facts are more perfect. And the rules of proof about the sentencing facts are seldom. To this end, in the ongoing process of reform of the sentencing standards, it is necessary to set the corresponding rules that against the witnessing activities of sentencing facts, which can promote the perfect of sentencing procedures.This article is divided into five parts:The first part is about overview of the sentencing facts, which mainly include the connotation of sentencing facts and the feature of proof of sentencing facts.The second part is about the burden of proof of sentencing facts, which mainly introduce the theory and judicial practice of foreign countries and Taiwan through the comparative analysis. And then, this part also analysis the status quo and the problems on this issue. Finally, on the basis of foreign experience, we clear the responsibility of each party in the proof of sentencing facts.The third part is about the method of proof. Firstly, this part discourse the concept and the differences between the rigorous proof and free proof. Secondly, it discourse the theory and practice of foreign countries and Taiwan region of china in the choice of method proof. Finally, it analyze the problems that in the proof method of sentencing facts, and put forward that we should respectively use different proof methods according to the nature of the sentencing facts.The fourth part is about the standard of proof. Firstly, it analysis that the theory and practice of foreign. Then, it analyze that the present situation of our country. At last, we put forward that set the appropriate standard of proof which should according to whether beneficial to the defendant or whether the statutory.The fifth part is about a natural context that the rules of proves which is fully applicable to be used. That is the independent sentencing process, and should comply with several principles.