Sentencing Process Standardization Research

Sentencing deviation or imbalance is a common problem in the world. Long-term since, because suffer" conviction, sentencing," light" heavy entity, light procedure" and other concepts, sentencing procedure has not enough attention. Since the beginning of this century, the situation of our country produced very big change, rapid development of economy and society, the process of the rule of law to advance in depth, people’s legal awareness increasing, requirements of standardized sentencing reform more and more high. In order to solve this problem, our country at the beginning of this century a momentum no small sentencing standardization reform activities, there are many aspects of the background, both domestic situation demands, but also abroad in succession to the sentencing reform’s influence on China; both theoretical circles of the long-term research and argumentation, also have each District Court the years of exploration and practice. Therefore, it is urgent to establish a set of relatively independent, standardized sentencing procedures, this is the standardization of sentencing procedure safeguard.The author based on a law enforcement level, undertook think and practice, analysis of the sentencing procedure standardization of historical origin, present situation investigation and at this stage of China’s sentencing procedure existence question and the reason, and to solve the problem and reason out of our sentencing procedure reform need to handle several relations, and through a variety of different trial procedure conceived the sentencing procedure mode.This article is divided into four chapters, as follows:The first chapter describes the research background of sentencing procedure standardization. The sentencing procedure standardization of historical evolution and theoretical arguments to determine sentencing procedure further standardization of the whole criminal procedure has the important value and the significance.The second chapter is on the sentencing procedure standardization status quo investigation. On China s sentencing procedure legislation, judicial present situation, China’s sentencing procedure in the problem of existence and reason analysis. Through analyzing the present stage of our country of sentencing procedure existence question reason analysis, prove normative sentencing procedure the necessity and the urgency and feasibility.The third chapter is the sentencing process abroad. On the countries of Anglo-American law system and continental law system countries sentencing procedures makes a comparative study, especially focus on France, Germany, Japan on behalf of the continental law system of sentencing procedure operation status and Britain, the United States as a representative of the Anglo-American law system of sentencing procedure operation status. Learn and draw lessons from other countries sentencing procedure mode, for China’s sentencing procedure further standardization has an important reference value. The fourth chapter discusses China’s sentencing procedure standardization suggestions for improvement. Through to the present stage of China’s sentencing procedure reform need to handle several relations analysis, conceived the summary procedure, common procedure and the simplified procedure of various court sentencing procedure standardization framework.