On The Relative Independence Of The Sentencing Procedure

China’s current Criminal Procedure Law adhering the integrate sentencing procedures which mixed the conviction and sentencing procedures from the civil law, this mix-code seem to be more smooth, but can’t highlight the importance of sentencing procedures. Lacking of participation and openness, sentencing information asymmetry, unfettered sentencing discretion, are easily led to the sentencing imbalance in the sentencing procedures, which reflects the imperative to reform our sentencing procedures. This thesis studying the relative independent sentencing process, in order to give some advices for the legislative of independent sentencing process in the future, which contains four parts:The first part is the basic theory of the relative independent sentencing procedures. Through studying on its concepts, theories, procedure values, to analysis the necessity and feasibility of building the relative independent sentencing procedures.Chapter two is to compare the sentencing Procedure of the two legal families. Firstly is analyze the independent sentencing procedures of the civil law countries and the Integrate sentencing procedures of the common law countries; so as to find out their differences and the reasons; summarize the enlightenment for the reform of our sentencing procedures.Chapter three is about the situation of sentence Procedures in our country at present. From three aspects of the legislation, theory and judicial practice to analyze the status of the sentencing procedures, in order to prescribe the right medicine for the reform of China’s sentencing procedures.The last is specific ideas for the reform of the sentencing procedure. Firstly, define the application scope of the relative independent sentencing procedures; followed design the specific sentencing procedures for different proceedings; finally, Improvement the adaptation systems of relative independent sentencing procedures.