Reserch On Sentencing Procedure Standardization

Sentencing is one of the basic parts in criminal judicial activities, it is very important for the judicial justice. But Chinese judicial practice has long been subject to the traditional thoughts of "heavy conviction, light sentence", sentencing issue has not received due attention and the phenomena of non-standard sentence are prominent in China. Recently more and more people began to pay attention to this problem. Sentencing standardization has become the social focus.From the angle of both theory and practice, this paper takes sentencing system as the research objects, analyzes the existing problems so as to provide base for putting forward the corresponding measures of improvement. This paper is divided into three parts.The first part is elementary theory of sentencing procedure. Sentencing procedure is an important role in criminal justice system, which is to adjudicate criminal to determine the punishment. There are lots of differences in purpose and content between sentencing and convict, so researching on sentencing procedure is very important. The second part is comparing sentencing procedures in other countries. Anglo-American legal system and Continental legal system have two different sentencing procedures because of their different history. In Anglo-American law system, there is an independent sentencing procedure, and in Continental legal system, there is a mixed sentencing procedure. Comparative studies on two different sentencing procedures will have more significant influence on Chinese sentencing procedure reform.The third part is the China’s current sentencing procedure in the review. There were many unfair sentencing cases in our country, and it is closely involved in the lack of sentencing procedure. Sentencing procedure reform in china has achieved a huge success, but still has some defects in procedural law.The forth part is thoughts on perfecting our sentencing procedure. As to the above-mentioned problems, this part puts forward some suggestions for sentencing procedure mode, sentencing defense, sentencing proposal, sentencing survey and sentencing reason representing, providing a useful reference for Chinese sentencing procedure reform.