Research On The Sentencing Procedures Standardization In China

The sentencing process is a relatively stand-alone program in the activities of criminal proceedings, which premise is to determine the guilt of the accused, the core content is the sentencing and a judge to determine the penalty severity, the separate sentencing procedures of Common law not only provide a platform for prosecution and defense on sentencing issues to the open confrontation, but also limit the discretion of the judge’s, so that judges can make fair and impartial verdict based on a comprehensive understanding of the facts of the case. There is no separate sentencing procedure in Civil law countries. They mix the sentencing procedures and conviction procedures. The defendant’s conviction and sentencing issues will be resolved in the same trial. China is deeply affected by the Civil law; the core content of the Code of Criminal Procedure is whether the defendant has guilty. The sentencing procedures are described very briefly. When the defendant is determining guilt, the judge will make a sentencing decision in a closed environment by discretionary power. Without The protection of the independent sentencing procedures, the court’s sentencing would be like the judges to deal with their own chores in the opaque. That can not reflect the fair and public of the Judicial. This article intends to start from the definition of the sentencing process to study the two legal provisions on sentencing procedures. On the basis of Analysis of the status of the sentencing process and the necessity of the reform of sentencing procedures standardization, this article proposes the specific ideas of standardized reform of sentencing procedures. This article contains about thirty thousand words; it is divided into introduction, body and conclusion. Its body is divided into five parts.The first part, an overview of the sentencing process. Through briefly analysis of the relationship between sentencing and sentencing procedures on the basis of Sentencing, to define the concept of sentencing procedures, summarized the characteristics of the sentencing procedure, explained the significance of sentencing procedures exist, Lay the foundation of the reforming of Sentencing procedure’s standardization.The second part, sentencing program of exploration and practice in China. The reform of the sentencing process can not be done overnight, this is a systematic, comprehensive and long-term project; this part is explained the development of the sentencing process, and then elaborate the efforts and problems which were found in the pilotThe third part, the construction of sentencing procedures in China. This part is the focus of the article. It mainly includes two aspects:first, discoursing the conviction and sentencing of separation mode of the Common Law and the conviction and sentencing of the combined mode of the Civil law. By analyzing the advantages and disadvantages of these two modes, in order to find the worth learning for the reforming of China’s sentencing procedures standardization. Proposing specific ideas of China’s reform of the sentencing process. It mainly describes from three aspects, the idea of China’s sentencing procedures, the main system of reforming, and the practice of sentencing procedures in first or second instance and retrial procedures.