Research On Sentence Investigation Report

To ensure the sentencing information to be comprehensively and accurately investigated is a major issue in the reform of the sentencing process. But in the current judicial practice, the study of sentencing investigation report which could properly serves the above objective are far more behind the study of standardized sentencing, sentencing recommendations and sentencing reasoning, which makes the purpose of the sentencing process reform cannot be achieved fully and completely.This thesis learns the social investigation reports in juvenile delinquency, current judicial practice in courts, combined with the practice in common law and civil law countries and regions, takes the practice of the sentencing investigation report in China into accounts, and put forwards concrete opinions on the following issues:name of sentencing investigation, proper investigator, the content, start-up time, procedures for review, nature of the investigation report, standard of proof, the scope of application, inaccurate sentencing information processing, secrecy and archiving problems.The main part of the article is divided into four parts. The first part introduces the30-year development path of standardized sentencing, brings out the problems in sentence investigation report and then the purpose of this article. Domestic efforts for pursuit of the sentencing standardization began almost at the same time with the reform and opening up in China. The direction and focus of efforts in academia have differed in the past30years. Accordingly the period are divided into three stages and introduced, which also makes clear of the status of sentencing investigation in the standardization sentencing reform, association with other systems and the need to discuss and explore.The second part is divided into three levels:Firstly, after the comparison of the titles appear in domestic and international theory and practice, the article puts forward the concept of sentencing investigation report and its focus. Secondly, brings out the proper subject for sentence investigation report--specialized community correction agencies or agreements commission. Thirdly, defines the contents of sentence investigation report.The third part is divided into four levels, the nature of sentence investigation report, rules of evidence, the burden of proof allocation and standard of proof. Sentence investigation report is sentencing evidence, but should not be forced to be classified. Sentence investigation shall not apply to hearsay evidence exclusion rules, but should set the rules and the bottom line to ensure its authenticity and to protect the interests of the accused. The implementation of "who advocate, who burden the proof" criteria. The establishment of levels in standard of proof.The fourth part is divided into five issues, including start-up time, procedures for review, the scope of application, inaccurate sentencing information processing, secrecy and archiving problems.